How To Deal With Common Divorce Issues

When sitting down with a client, there is a range of common issues that a divorce lawyer hopes the client will have dealt with the right way. In order to reduce some of the pain of going through the process, try to address these three situations in a more structured manner.

The House You Share

One of the most difficult problems that can emerge during a divorce is figuring out how to handle the challenge of two people who don't want to live together cohabitating in the same house. In a genuinely civil divorce, this doesn't have to be an issue, but civility and divorce don't always go together.

What makes such a situation especially troubling is that the system tends to interpret leaving a property without good cause as abandoning it. In a fight over common property, there can be difficulty in determining how long one partner gets to stay in the house and when they'll need to vacate. Unless you're in fear for your safety, a divorce attorney will tell you to keep living in the house until things are ironed out.

If you are in fear for your safety, make a point to document everything before you leave. For example, keep track of the dates and times when the police were called out for domestic disturbances. If possible, try to get the names of the responding officers and any reports they might have produced.

Custody of Children

Another common bone of contention in a divorce is custody of children. First, be aware that the court places a premium of the well being of kids. Try to discuss the divorce as little as possible with your children, even if the kids ask probing questions. Focus on being a good parent. Avoid being the type of parent who attempts to turn the kids against the other partner as this may be interpreted by the court as an attempt at alienating them.

Get Counsel

No matter how smoothly or roughly a divorce is going, obtain legal counsel. Particularly in a contentious divorce, this will allow you to encourage your former partner to talk about issues with your divorce attorney. Having a divorce lawyer will ensure that there's at least one person in the process trying to be as dispassionate and unbiased as possible, too. An attorney will also see that all the tiny details are addressed before you sign anything. 


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