Divorce is typically a very challenging process to undergo. Aside from the emotional strain of a marriage, there are usually a number of different legal issues and conflicts that must be resolved during the process. Some common legal issues involved in a divorce trial include:
- Division of property and assets between the parties
- Spousal support payments (alimony)
- Issues involving children, such as child custody and visitation, and child support
- Types of divorce (contested vs. uncontested)
- Debt settlement
- Damages for various kinds of losses
Also, another related issue is the topic of whether divorce alternatives are an option. For instance, a couple may choose to file for an annulment, dissolution, or other methods for legally terminating a marriage.
How Are Divorce Issues Resolved?
Most divorce issues are brought up at the being of the divorce trial, sometimes before the proceedings even begin. These issues will be examined by the judge during the divorce hearings and throughout the trial.
In some cases, the judge may order the parties to participate in dispute resolution sessions, especially if the parties are willing to work together. They may then propose an agreement on major issues like alimony, child custody, etc. The results will be reviewed again, and the judge may convert the agreement into a final judgment ruling.
If the parties can’t reach an agreement, the judge may need to intervene and come up with a conclusion for the parties. The judge might prescribe child custody and visitation schedules, property divisions, and support amounts. This will be done using an analysis of all the available facts related to the divorce case.
Can Divorce Issues Be Appealed?
Some divorce issues can be appealed, depending on the facts and the way that the original ruling was issued. For instance, if the court made an error when calculating incomes for the purposes of spousal support, it may be possible to appeal the final divorce order. Appeals are not granted automatically and must be specifically requested.
If an appeal isn’t available, it is sometimes possible to have a divorce or support order modified in the future. This may be an option for spousal support under special circumstances.
Do I Need a Lawyer for Help with Divorce Issues?
Divorce proceedings can be challenging and typically require the assistance of a lawyer. You may need to hire a divorce attorney in your area if you need help filing, reviewing, or appealing any divorce issues. Your attorney will be available to represent you during the proceedings, and can determine how the laws in your area might affect your case.