Family law is one of the most complicated branches of the legal system. Not because the laws are difficult to understand, but because the resolution of the most cases depends on the disposition of the two parties involved. In divorces, both parties must come to a resolution that meets the needs of each. This may be difficult considering that most marriages don’t end on pleasant terms. In order to make the process smoother, a third party may be needed. Each of the former spouses may decide to hire an attorney, which will make the divorce process much easier on everyone involved. In order to approach the divorce proceedings appropriately, both parties must be aware of their rights and responsibilities in the case. After all, a divorce is a civil lawsuit.
Dissolution of marriage is not something to be taken lightly. Any assets that may have been gained during the union will have to be split between the two parties. The court is not there to make sure the assets are split fairly, but rather to establish a valid claim to the assets. One spouse may end up with the majority of the assets while the other ends up paying the majority of debts. This may seem unfair, but that’s just how divorce works. Unless a prenuptial agreement is signed by both parties, either party can make a claim of assets shared during the marriage unless it can be proved that those assets had always been separate.
Divorce becomes much more complicated when children are involved. One spouse may make claims that are outright false in order to prevent visitation or simply to be able to collect child support or spousal support. Making egregious claims is a typical action in divorces that involve spouses that can’t see eye to eye. Divorcees can learn more from an attorney. Understanding the legal process and what claims can be made is vital to a fair and reasonable resolution to the case. More importantly, each party should know how to respond to claims that must be disproven or counteracted. If a divorce has been filed, it’s important to contact an attorney right away.