Divorce is seldom a simple process, but when two people are struggling to come to a final agreement, the process of divorce can get messy. Whether you are fighting over assets, debts, property or child custody, getting through your divorce unscathed is nearly impossible when both parties are still at odds with one another. If you believe you are being bullied by the other party in your divorce, it's time to consult with a divorce attorney to discuss your options.
You Must Share Assets and Debt
If you live in a state that is an equitable distribution state, assets and debts are divided up in a manner that is deemed fair to both parties. If you live in a community property state, assets and debts are divided down the middle. In a community property state, it doesn't matter if you make significantly less money than the other party. You will be required to pay half of the marital debt that was incurred during the course of your marriage. If you live in an equitable distribution state and you make far less money than your former spouse, it is highly likely that you won't have to pay off half of the marital debt.
Establishing Child Custody
If both parents are the legal parents of any children involved, custody should be split right down the middle. This means that you should share both physical and legal custody, with both of you making any decisions for the children in a collaborative effort. If the children of the marriage have a relationship with both of you, it is essential that you keep these relationships going. If one parent is unable to care for the children, or has been absent for an extended period of their lives, full custody should be considered. The best thing you can do for your children during a divorce is to establish a parenting plan, and try not to disrupt this plan in any meaningful way.
Mediation Can Be Attempted
Working with a mediator may help the two of you get through your divorce with an agreement. If you do not feel that the mediator is treating you fairly, then you have the right to legal representation. While the mediator is there to help the two of you come up with a reasonable divorce agreement, you may want another lawyer to look over this agreement for you to see if you are being treated fairly.
For more information, contact firms like Law Office of Jared T. Amos.