Do I Need a Lawyer to Settle My Divorce Out of Court
Your divorce will set the course for your future while securing your financial and parental rights. In other words, there’s a lot riding on the terms of your divorce. Settling your divorce out of court is naturally a priority – because settling ensures that you and your divorcing spouse hammer out important decisions between yourselves without turning to the court to make these big-picture decisions on your behalf. The impact of divorce is so immense that working closely with an experienced Yakima divorce lawyer is always well advised.
Settling out of Court
Settling out of court doesn’t mean that you and your divorcing spouse must agree on every issue and that you are happy to sign off on divorce terms that practically write themselves. The truth is that this is very rarely the case, and even if your divorce is very amicable, signing off on terms without consulting an experienced divorce lawyer can leave you facing difficulties that you may not have even considered. The fact is that divorce is complicated, and because the terms you reach directly affect your parental and financial rights, it’s important to be sure. Finally, settling out of court often means considerable negotiations that can include having your respective divorce attorneys negotiate terms on your behalf and/or heading to mediation with your respective divorce attorneys. In other words, settling out of court does not necessarily mean that everything falls into place easily, but it does mean that you keep the decision-making process between yourselves and that the results will remain private.
Your Divorce Terms
Your divorce will be unique to you, but the terms that you must address are universal, including (as applicable):
● The division of marital property
● Child custody decisions
● Child support
● Alimony
These are the four basic categories of divorce terms, and each of them will play an important role in you and your children’s future.
The Division of Marital Property
Your marital property refers to all those assets and debts that you and your spouse acquired over the course of your marriage, including:
● Your home
● Your bank accounts
● Your retirement accounts
● Your financial portfolio
● Your debts, including credit cards and loans
In the State of Washington, these assets are divided equitably upon divorce, which amounts to fairly within the context of your marriage and divorce. While this can mean equally, it doesn’t necessarily mean equally.
Child Custody Decisions
Your child custody decisions relate to who will be making important decisions on your children’s behalf (referred to as legal custody) and how you and your ex will split your time with your shared children (referred to as parenting time). Parents typically share decision-making responsibilities. Further, one of you may become the parent of primary residence, with whom your children live the majority of the time, while the other becomes the parent of alternate residence and has visitation (or parenting time) with the children. Some divorcing couples, however, split their parenting time equally.
Child Support
Both parents remain responsible for supporting their children financially, and child support is based on a standardized state calculation process. There is typically very little variance in how child support is determined unless there are extenuating circumstances – such as a child with special needs.
Alimony
Alimony is a payment system that is intended to help balance a couple’s finances post-divorce. If one of you will experience a financial shortfall and the other has the means to help, alimony payments may be deemed appropriate. Generally, alimony is intended to provide temporary financial assistance while the recipient finds firmer financial footing.
Settling out of Court
When you and your divorcing spouse are able to agree to terms in each of the categories that apply to your divorce, you can bypass the court’s direct involvement in making important decisions that directly affect your post-divorce future, including your finances and your rights as a parent. Your divorce terms are far too important to leave to chance, which makes having an experienced divorce lawyer in your corner critical.
FAQs
If you are facing a divorce, you have questions, and the answers to the following frequently asked questions may help.
What should I ask for in my divorce settlement?
Your divorce settlement will be unique to you, but an accomplished divorce lawyer will help ensure that you seek terms that protect your rights, that factor in important financial implications, and that work for you and your children.
Will our assets be split right down the middle?
Your marital assets will be divided in a manner that is deemed equitable – or fair – given the circumstances of your marriage, and your divorce lawyer will help protect your financial rights throughout this process.
What if my spouse and I are in complete agreement?
Even if you and your spouse are in complete agreement on every term regarding your divorce, it is in your best interests to consult with a practiced divorce lawyer who will help you better understand what these terms mean for your future and help ensure that your rights are well-protected.
Reach out to an Experienced Yakima Divorce Lawyer for the Legal Guidance You Need
If you are moving toward a divorce settlement, the resourceful divorce lawyers at Dobbs & Young in Yakima, Washington, take great pride in helping clients like you obtain favorable divorce terms. We’re on your side, so please don’t wait to contact or call us at 509-577-9177 for more information about how we can help you today.