There are many factors that can lead to a divorce being one sided, such as the assets and liabilities of the parties involved. Aside from the financial aspects of a divorce, it is important to make sure that the arrangements for child support and custody are in place. This can save you from a lengthy court battle and give you more peace of mind.
Uncontested vs contested divorce
An uncontested divorce and a contested divorce are both legal processes that take place in a court. A contested divorce occurs when at least one spouse contests the other’s terms of a divorce. This may be due to an inability to agree on issues such as child custody and alimony.
During a contested divorce, each spouse has to go to court with a lawyer to argue his or her case. This can be an expensive process and may take months or even years to complete.
When a couple can agree on all the important issues before going to trial, an uncontested divorce is the way to go. The process is usually less expensive and quicker, so the parties are able to save money. In the event that the couple cannot come to an agreement, a divorce attorney can help to ensure that the paperwork is correct and that each party’s rights are protected.
Child support arrangements
Child support is a form of ongoing payment that helps families become self-sufficient. It is based on a number of factors, including income and parenting time. The court will look to the best interests of the child in deciding a child support amount.
Before finalizing a divorce, most courts will require the spouses to appear at a hearing to address any child support issues. If they cannot reach an agreement, the state may take action to collect the money.
While child support payments are usually made until the children reach the age of majority, they can be reduced or discontinued. A judge can intervene to modify a child support agreement, but only if a substantial change has occurred in the other parent’s circumstances.
Usually, child support is calculated based on a formula that takes into consideration the combined income of both parents and the needs of the child. Some states use a more complicated formula.
Spouse’s assets and liabilities
If you and your spouse are going through a one-sided divorce, you may have questions about the way you can divide your assets and debts. The first step is to know what is considered marital property and separate property. You may also need a professional to help you.
Marital property includes any property acquired during the marriage, including money and other assets. In most states, these are divided under the equitable distribution rule.
Whether you use mediation or go to court, you need to know how to properly divide your assets and debts. The process is not easy, especially if you have a complex asset.
One of the most complicated parts of dividing your property is your house. It can affect child support and alimony payments, but it can also be your largest asset.
You can hire an appraiser to value your home. If your home increases in value during the marriage, you can ask the judge to give you a portion of the increase.