Issues That May Require Litigation When Dissolving Your Marriage

When dissolving your marriage, you and your spouse can discuss and agree on things without resorting to court. But things aren't always smooth in most divorces. That's because many people take hard-line stands on matters regarding children and property sharing. The divorce process might get complicated in such a situation, necessitating professional intervention. A divorce lawyer will be crucial in negotiating favorable terms. Additionally, they will represent you in the courtroom if it proves challenging to settle the matter outside the court. Issues that require the court's intervention include the following: 

The Sharing of Assets and Money

Each spouse is entitled to marital property after the dissolution of a marriage. However, deciding how much each one will keep is usually challenging. In this case, your lawyer might suggest filing a case in court, seeking the intervention of a judge. Usually, the judge will assess the assets you've acquired since you married. Then, they'll distribute the assets in the fairest way possible. In addition, they will decide who will keep the family home and how to compensate the other spouse for the loss.

In addition to asset division, the judge will help you and your spouse divide retirement accounts. They will also give insights into how to treat debts. But the input of a divorce lawyer is still necessary for all these situations. Their role is to represent you in court and make the necessary submissions on your behalf. Most importantly, they'll ensure that your partner does not hide assets from you. 

Splitting Time With the Kids Between the Parents 

If you and your partner cannot agree on the time that you'll each will spend with the children, you may decide to litigate the matter in court. Usually, the judge examines the parent's working schedules and the kid's school programs to develop a custody plan. Besides that, they will advise on child care decisions and how to address emerging issues, such as one parent's relocation. The judge will also make recommendations on how to resolve future disputes without going to court.

The Monthly Payments Each Parent Will Pay 

In addition to the above issues, the judge will help you determine the monthly child support payments for the noncustodial parent. So again, they'll assess you and your partner's income and the number of children that need support. Typically, the judges consider a child's needs before ruling on child support. For instance, the court might order a higher payment to support kids with disabilities since they require special care. On top of child support, your lawyer will seek the court's intervention regarding spousal support. 

If you and your spouse cannot agree on the issues above, file a case in court and seek the judge's determination. 

Contact a local divorce lawyer for more info.