When you have to travel for work and are sometimes gone for maybe two weeks out of every month, what do you do when the marital relationship breaks down? Divorce is stressful enough, even without the complications of travel, and you want to be sure that you have an attorney who’ll not only work with your schedule but who is also invested in the best interests of you and your children.
Even if there are no children involved, you still need an attorney who will help you survive all of the ups and downs during this time.
With a divorce, there are many concerns and disagreements that will arise, but those surrounding child custody, parenting plans, spousal support, property and debt division can have long-term consequences on your decisions. What can you do?
When you divorce, you not only separate, you have to agree upon a plan that establishes the protection and well-being of your children. If you are a parent who travels extensively, this is extremely important because it may be necessary for your spouse to serve as the custodial parent. This doesn’t mean, however, that you want any less quality time or any less control over the care of your children.
An attorney helps you establish a custody arrangement that is fair and works best for you and your children. In this way, you have someone who is on your side to help protect your rights as a parent.
Spousal Support/Property and Debt Division
Did you know that generally, alimony is not an automatic right and that judges are not required to order it? Whether you are the one who earns more money or whether you earn less, you both must determine a workable solution.
During this time, tempers can flare which means that there is usually an inability to agree. You both want to protect your own unique interests and with the services of an experienced attorney, you will have the help you need to determine the best way to proceed.
An attorney steps in and examines your finances so that you both can move forward in negotiating a settlement.
With property and debt division, this is one of the most highly contested aspects of a divorce and can involve everything from household goods and consumer debts to more complex business assets and other valuable property.
It is critical during this time to properly value property, assets and debts so that there is a fair division.
Divorce doesn’t always have to be a contentious process, however. In many cases, there are ways to handle the breakdown of a marriage that are advantageous to both parties.
In this situation, all parties commit, in writing, to resolve their issues out of court. This is a more convenient process, especially when you have to travel for work, and allows you to gain more control on the outcome. Here are some other important factors.
It’s less costly and time-consuming than traditional divorce proceedings.
It allows everyone to be more open and honest which goes a long way in reducing the level of conflict.
It allows each spouse to have access to a lawyer which provides an added measure of security and helps negotiations meet in a fair and just way.
A No-Fault divorce means that it isn’t necessary to prove your spouse is at fault for the breakup of the marriage. In this case, it’s only necessary to prove that there has been “an irretrievable breakdown of the marriage relationship.”
How is this helpful?
Any personal matters or other hurtful things won’t be presented in court which helps to alleviate some of the emotional, as well as the exhausting toll of a traditional divorce proceeding. An attorney still plays a role, however, and presents evidence that determines spousal support, alimony and the general division of any assets.
In this situation, an attorney works with you and helps create proposed agreements so that a court doesn’t have to divide property or determine spousal and child support, etc. This is typically much quicker than a contested divorce.
During this process, both parties must read and sign the final agreement, and it is then submitted to the court for approval. If there are no children involved in the divorce, the judge usually reviews the documents and signs them without you having to go to court. If you do have children, however, you will probably have to go to court and appear in front of a judge so that you can answer any questions they may have.
Submitted by Beckman Steen & Lungstrom. For more information or legal help, visit us at www.beckman-steen.com