Getting A Divorce With Children
December 22, 2021
Did you know that couples are at the highest risk of divorce within the first seven years of marriage? Hence, more than 1 million kids in the US face the divorce of their parents annually. These statistics are enough to show how getting a divorce with children is not unique. While most parents try their best to resort to several different methods, for some, the only option left is to get a divorce. Sometimes, it is also only for the best interest of their children.
Table of Contents
Divorce and Custodial Issues
Ending a marriage without kids is comparatively easier; you are not bound to your ex in any manner. You may not even have to deal with seeing them again in life. However, when young children are involved, you will be tied to your ex for many years to come. The primary issue that parents face while filing for a divorce is that of the custody of their child. It is also possible that you may not consider divorce as an option because of the fear of losing your child since you are financially incapable of supporting them.
However, there are several options you can consider if divorce is the only resort. You certainly do not want the child to grow in an environment where the parents are always fighting; it can have adverse effects on their health and well-being.
Below are some options that you need to think about before finalizing your decision.
If your spouse is the sole breadwinner of your household, or if they are responsible for the majority of expenses, it is likely that you will get an amount that is referred to as spousal maintenance. There are several situations in which this could apply. You might have had a career you left because of your child, and your spouse took care of the earnings.
Since the decision taken by the court concerning spousal maintenance is more about a just amount than an equal one, it will depend on your spouse’s income as to how much will be given to you and for how long.
Marital property is an asset that you get out of marriage, whether you have kids or not. Any property that you or your spouse built during the years you were married shall be divided. This will not include any property that your spouse has inherited or received as a gift.
However, if the additional cost was added to expand it, the case will be different. If you and your spouse do not own any property, the matter will not be complicated. However, the more your partner has, the more you need to be concerned. This is the case because there is a possibility that your spouse might try to hide some of it. Hence, you should have an attorney by your side to ensure that you are in a stable position after separating, especially with a child’s responsibility.
Other Factors in a Divorce with Children
While the above factors, which are part of any divorce, will help you understand your position better, you also need to keep in mind the factors concerning a divorce where children are involved. These include decisions concerning child custody, support, and visitation hours.
Let us now take a look at each of these factors to have a clearer idea about your position if you decide to move further with the decision.
To help you understand the term, child custody is regarded as parental responsibility in the court. While there is a chance for getting sole custody of your child through court orders, most of the time, it is shared. Having shared custody can work best for kids in some cases, but it requires both the parents to collaborate and have the capacity to tolerate each other’s presence for their child’s sake.
If that is not the case, the child may become even more depressed than he/she would have if they lived with one parent with occasional visits from the other.
Due to the complexities that marriage can ignite in partners, it is best to hire an experienced attorney who can understand your situation better and proceed with the case to receive a court order, which is in favor of their client and the child involved.
Once the custody is decided, even if you’re the primary parent, this does not mean that you are responsible for all the expenses. The other parent is as accountable as you are. However, depending on your financial position, the court will decide how the other parent has to pay child support and possibly spousal support.
The goal is to provide the child with a standard of living they had before the separation took place. This means that if a child enjoys certain privileges, they should keep benefitting from that, and it should never be compromised because of the divorce.
The court will look into every detail and only then make a decision. Hence, it is better to be prepared in advance by consulting with a lawyer who can provide you with a rough calculation. This is necessary for both parents. It would be best if you were aware of how much you should expect to give or receive.
The visitation hours, which are also referred to as parenting time, can depend on various factors. If one of the parents can harm the child physically or emotionally, they might not be allowed to visit as well, and you can win the sole custody of the child. However, if you and your partner have an understanding and want your child to be close with both parents, visitation hours can play a significant role.
Traveling or Relocation Post-Divorce
Another significant contributor to a divorce with children involved is what happens after separation. Once the court has given the final verdict, there is a possibility that the custodial parent would want to relocate to keep the child away from the other parent.
Similarly, there may be a situation where the non-custodial parent would like to take the child on vacation out of state, and you might be worried that they will abduct the child. Parental kidnapping is not a new concept, especially when the parents do not have an understanding. If you do not work out parenting roles after divorce, you will face such issues at some point.
Suppose a situation like this occurs where the custodial parent wants to relocate, or any parent wants to take the child on vacation. In that case, it is best to consult with an experienced attorney first. A lawyer will help you legally pursue your wish as you cannot do anything without the court’s order.
While we understand that if a marriage has reached a stage where divorce is the only option, there may have been issues that cannot be ignored. However, the essential thing which every parent needs to keep in mind is the child’s desire to be with both mother and father.
Your children love you equally, and even if your partner has done something wrong with you, they still love your children. Hence, there is no need to play the blame game in front of the kids or make them hate the other parent. Unless your ex-spouse could harm your child physically or emotionally, they should get an equal chance to be with the child so that your kid’s childhood is not ruined because of your differences.
Why Hire an Attorney?
After reading through the factors that contribute to a divorce with children involved, you would have had an idea of how complicated things can get in the court. Understanding the legal processes and the intricacies involved can be difficult. However, if you have an experienced divorce attorney in Colorado Springs by your side, such as those at Brighter Day℠ Law, your work will get easier. It is already too much to take in when you are filing for a divorce and making your child feel safe and loved. You certainly do not want to tackle the legalities of the court. Our experienced family law attorneys can assist you with your divorce process.