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General · April 23, 2020

4 Topics You Need to Discuss With Your Divorce Lawyer

When going through a divorce or dissolution of marriage as it is now termed, there are going to be many questions you will want and need to discuss with your divorce lawyer. While some topics are basic such as equitable or equal distribution of assets and liabilities (depending on the state you live in will decide if distribution will be equal or equitable) there will be other topics such as child support which will depend on a client’s situation such as whether there are any minor children born from the union. Below are four major topic areas to consider though there may be other areas needing discussion based on the individual needs of a particular client.

Equitable or equal distribution of assets and liabilities is the area, that of determining “who gets what” and “who pays for what” resulting from acquisitions of value and or debt established during a marriage. These post-marital assets and debts are termed “marital” and will be what the couple, during mediation or the judge during, a hearing will decide how to divide. Often the most contentious and challenging part of a divorce case, it is an area where neither party is usually satisfied as there is no such thing as “winner takes all.” Equal distribution, where assets and liabilities are divided equally, is easier to legislate than equitable distribution where assets and liabilities are weighed in terms of what is fair but not necessarily equal. For example, one party may be awarded a valuable antique because it has special sentimental value while the other party is awarded a high-end stereo system of less value. As no one walks away completely happy, it is wise to discuss distribution with your divorce lawyer and seriously consider compromise during mediation where the couple can decide for themselves the outcome of asset and liability distribution.

Alimony: Another often contentious area is alimony. Depending on the length of the marriage and whether one or the other party has stayed home while being supported by the other party will greatly influence the outcome of awarding alimony. Depending on your state, there are several types of alimony, each with its own requirements. A knowledgeable divorce lawyer will know how to advise a client on what kind of alimony may be available and what will happen should alimony be awarded. Alimony can be awarded to either party.

Child Custody: When minor children (children from newborn to age l8, beyond if the child is not able to care or provide for themselves) are involved, there are a number of issues that must be discussed with your divorce lawyer. Many states now have what is termed “shared or equal parenting,” where sole or primary custody is only awarded in specialized situations. You will need to discuss the details of your concerns regarding your minor children to learn how your state will look at the child custody issue. When shared parenting is the law, there is usually the rule of parental timesharing  as well, which will involve the development of a parenting plan.

Child Support: Here again, this issue involves a couple with minor children. Child support is separate from child custody and can be awarded to either the mother or father. There will be many factors to consider, and most states have strict guidelines in place to determine the granting of child support. A well-informed divorce lawyer will know the details of your state’s ruling on child support, and discussing this subject is imperative.

You should never feel you cannot discuss with your lawyer a topic of concern regarding your divorce. No question should be avoided. In fact, a successful divorce lawyer will encourage his or her clients to ask questions whenever they need to. An informed client is a client who will cooperate with the system and have trust and confidence in his or her lawyer. A successful outcome will be judged by how well information between lawyer and client has been shared, received, and understood.