We have children as well as assets and/or debts. What should be our first step?
Especially where there are children involved, our advice is for the parents to maintain a civil relationship and create a healthy routine for the children where they can feel reassured that the love the parents have for them will not change even if other things will. For child support purposes, step children are not considered children of the marriage. However, they are also affected by the changes in their family and their feelings should be considered.
There are many aspects that parents must think about as they move forward to lead separate lives. Each family is different and has unique needs and circumstances. That is why we make sure that the parenting plan submitted to the court is tailored to your needs and is very detailed so as to avoid misinterpretation and conflict in the future.
Child support is a legal requirement and cannot be waived. It is determined by the state guidelines, not the parents. There are several variables that affect the calculation, including amount of time sharing. For more details, please visit our child support page.
In order to go forward as an uncontested divorce, you and your spouse must decide what you wish to do with the home. Some spouses choose to put the property up for sale and split the proceeds upon sale. Others choose for one spouse to remain in the home in exchange for another shared asset. If the house is up-side-down, some people decide to split the loss. Often one spouse will simply quit-claim the property to the other. However, their name is not off the loan documents until the property is sold or re-financed. For more detail on this point, please refer to FAQ#2.
Where there are retirement accounts or other assets, spouses have to decide how they wish to divide them, perhaps incorporating them into the marital home negotiations outlined above. These assets can also be considered as one-time payments in lieu of alimony.
There is no one way to divide assets. You and your spouse are the experts of your marriage and are in the best position to know what is fair – even if this means the distribution is unequal.
If you and your spouse have an idea of how you would like to share your time with your children and how you will divide your assets and liabilities, please schedule a consultation by clicking on the “intake form” link below and answering the questions to the best of your ability. We will contact you within 24 - 48 hours to schedule a personal or phone consultation with one of our attorneys.
Especially where there are children involved, our advice is for the parents to maintain a civil relationship and create a healthy routine for the children where they can feel reassured that the love the parents have for them will not change even if other things will. For child support purposes, step children are not considered children of the marriage. However, they are also affected by the changes in their family and their feelings should be considered.
There are many aspects that parents must think about as they move forward to lead separate lives. Each family is different and has unique needs and circumstances. That is why we make sure that the parenting plan submitted to the court is tailored to your needs and is very detailed so as to avoid misinterpretation and conflict in the future.
Child support is a legal requirement and cannot be waived. It is determined by the state guidelines, not the parents. There are several variables that affect the calculation, including amount of time sharing. For more details, please visit our child support page.
In order to go forward as an uncontested divorce, you and your spouse must decide what you wish to do with the home. Some spouses choose to put the property up for sale and split the proceeds upon sale. Others choose for one spouse to remain in the home in exchange for another shared asset. If the house is up-side-down, some people decide to split the loss. Often one spouse will simply quit-claim the property to the other. However, their name is not off the loan documents until the property is sold or re-financed. For more detail on this point, please refer to FAQ#2.
Where there are retirement accounts or other assets, spouses have to decide how they wish to divide them, perhaps incorporating them into the marital home negotiations outlined above. These assets can also be considered as one-time payments in lieu of alimony.
There is no one way to divide assets. You and your spouse are the experts of your marriage and are in the best position to know what is fair – even if this means the distribution is unequal.
If you and your spouse have an idea of how you would like to share your time with your children and how you will divide your assets and liabilities, please schedule a consultation by clicking on the “intake form” link below and answering the questions to the best of your ability. We will contact you within 24 - 48 hours to schedule a personal or phone consultation with one of our attorneys.