An issue that can often be ignored in the general conversation about family law and divorce cases is the concept of paternity. Paternity, on its surface, is a simple concept: someone is deemed the father of a child. But legally speaking, there can be some complicated situations with paternity, and when a divorce is involved, there can often be contentious issues at hand.
When a couple files for divorce, there will be a lot of work that needs to be done. Both spouses need to agree on a bevy of issues, and any that they can't agree on will go to a judge. Once finalized, the divorce agreement will rule over their post-divorce lives. Both spouses at that point may breathe a sigh of relief and think "well at least I don't have to think about or deal with that again."
There are so many different issues that could be at play in any given divorce, that it is hard to predict exactly how any individual divorce case will proceed. The only thing you can know is that there are myriad variables and numerous different ways that they could play out. For this reason, and it is one of many reasons, it is imperative for the divorcing spouses to consult with an attorney. Without one, they put themselves at great risk.
Imagine a typical divorce. In fact, forget that we even said "typical" because no two divorces will be the same. Just imagine a divorce. If you were to go by stereotypes, you are probably imaging a couple with children, and the two spouses are angry with each other. They can't go on like this, so they decide to file for divorce. They have to deal with child custody, child support, property division, estates, marital assets, and numerous other issues.
Many people have an innate desire to try to get tasks done on their own. Eventually, in many cases, these people realize that having help along the way greatly simplifies the process and it makes it much easier to accomplish. This applies to many things in life -- especially divorce.
A couple of months ago, we wrote a couple of posts about prenuptial agreements. They dealt with the many things you can and can't include in this contract, as well as the many ways that someone could successfully challenge a prenup and get part, or all, of the prenup struck down. Today, we want to continue talking about prenuptial agreements by confronting the most obvious part about them: the discussion that needs to be had between two spouses.
So you've filed for divorce. What happens now? This is a common question that people who have just filed often ask. Unless they have been through a divorce already in their life, the process will be a complete unknown to them, and they will likely have many questions about how their particular case will be handled.
It is easily to fall into the trap of thinking that once you complete your divorce, that the arrangement is done and written in stone. Since divorce can be stressful and painful, few people want to go back and revisit the circumstances of the divorce, even if the arrangement itself is an important aspect to your post-divorce life.
Imagine that you have been married for many years, but you and your spouse decide it is time for a divorce. You remember signing a prenuptial agreement months before your wedding day, but you haven't thought about the contract much since. Now that a divorce is on the table, you review your prenuptial agreement and find that the provisions aren't as kind as you remember them being. You may even think that the document is unfair.
Every divorce is going to be a little different. The personalities of the spouses will vary from case to case. The specifics of each divorce will vary. The assets on the line; the children that may or may not be involved; the type of divorce that the spouses seek, even. All of these things play major roles in a divorce. But there are are some constants that run across every divorce, and these tips should be heeded no matter the situation.