Though two people normally become married with the intention of staying so forever, but there are so many instances in which that simply does not happen. Instead, many people seek divorce, which has become a cultural norm. That being said, you may be experiencing it, especially if you are here looking for information. Let us, then assume that you are going through a divorce, and that you need guidance from an Irvine divorce lawyer. First of all, it is almost never as simple as ‘getting divorced’. There are several things to consider, for example, the division of property, shared custody of children (if any), as well as the division of your finances if there is to be spousal support. This, of course, depends heavily upon the type of divorce one is going through. Fault, for example, is a form of divorce where one party has done something wrong. This could include adultery, mental abuse physical abuse, prison time, or insanity (incurable). A no-fault divorce is an instance where neither party has to take responsibility for the downfall or failure of the marriage. Simplified divorce is yet another option, and it is typically the least expensive route to take. You will simply fill out forms, and have a judge agree to your settlement agreement. In some cases, the simplified divorce will only be granted if a number of requirements are met. The requirements in question could include no dependent children and no outstanding financial debts. If granted, the simplified divorce process could take as little as thirty days.
If there are children involved in the divorce process, a parenting plan will need to be in place that usually include child support and custody agreements. If you are on civil terms with your soon to be ex spouse, then you can determine where each child will spend their holidays, as well as who will have them during the school year. If the judge is agreeable to your suggestions, you will be able to establish the schedule and thereby provide your child with some stability. It is important that you focus on these parenting plans before you enter the divorce process, as the judge will likely choose one for you if you do not.
Before you even walk into the judge’s chambers, make sure you have the fine details worked out with your Irvine divorce attorney, and that they work in favor of the children. Both your case worker and the judge will take this into account, and they will also look at your personal history. In other words, keep your nose clean, or you could lose child custody as quickly as you were awarded it.
Building your Parenting Plan with your Divorce Lawyer
You will, of course, need to make sure that your parenting plan works for both you and the child. Your schedules will change significantly after the divorce whether you want to believe it or not. That being said, you will want to determine who gets the children during holidays, who gets them during the summer, and who gets them during the school year. This can always be amended later, but it is definitely something to think long and hard about. If you see a divorce in your future, always make sure to put the children first.
Image courtesy of David Castillo Dominici / FreeDigitalPhotos.net