Did your spouse present you with divorce papers and then ordered you to move out of the house? Does he or she also want to keep the children and give you time with them on weekends? If you don't agree with the divorce or any of the stipulations that you are being threatened with, hiring an attorney can be helpful. You might not be able to save the marriage if your partner is determined to end it, but an attorney can ensure that you are treated fairly in the situation. After viewing the content below, you will have an idea of what an attorney is likely to do to help with the divorce process.
Did You Play a Role in the Marital Problems?
What caused your spouse to get divorce papers drafted up and serve you with them? If you did anything to put the marriage in a bad state, it is likely that the law will lean more towards your spouse. For example, if you are currently having an affair or had one that recently ended, your spouse might actually be granted full custody of the children. The reason why is because going outside the marriage to have an affair makes you look neglectful in the eyes of the law. If your spouse is simply mad over a typical argument, it is not likely going to affect your ability to get full rights to your children, such as joint or full depending on various aspects of the marriage.
Are You the Children's Biological Parent?
Several things will be considered when determining your rights as a parent after the marriage ends. The attorney will need to know if the children are yours biologically, as you might not have rights if they are not. However, if you actually went through the legal process to adopt the children, they are just as much yours as they are your spouses. An attorney will recommend a custody arrangement for your kids that is in their best interest. It is usually ideal for children to spend an equal amount of time with both parents if there isn't a good reason as to why it shouldn't be done.
What Kind of Marital Assets Were Accumulated?
Did your spouse own the house before the two of you were legally married? Was there a prenuptial agreement signed that gives him or her the rights to keep the house? A divorce attorney will find out if there are any legal stipulations that will prevent you from keeping the house. The house is granted to the spouse that has the most custody time with the children in some cases. Other marital assets that will be considered includes things such as real estate, bank accounts, collectibles, vehicles, and businesses.