Filing for divorce may seem like a difficult thing to do but once you understand what it involves, it is fairly easy to manage. Furthermore, you will always have the guidance of your family law attorney to ensure you do the right thing. Divorce is not a very complicated process, but for it to proceed smoothly you should know the various things involved. For instance, there are rules for every little aspect – like the splitting of property, finances, child custody and so on. When you are filing for divorce it helps to discuss things in detail with a family law attorney. Here are some basic things you should know about family law when filing for divorce.
Child Custody Is Not Just Given
If you have a child, you need to fight for custody. Do not assume that just because you are the mother you will be given custody because the child needs a mother. Furthermore, if you are the father, don’t assume you will be given custody just because you are the bread winner. You need to prove your capability in court because every judge will want to know the parent they accord custody to is capable of looking after a child alone. Talk about the options with your family law attorney and see what could work best for you.
Many people think that family finances are usually split equally between both the parties. However, each case differs. Your family law attorney will be able to tell you exactly how the split is made. There are various factors involved. If the woman is earning well and so is the man, the family finances have to be evaluated. Who actually owns what has to be put on paper and then a decision is made either jointly or by the court. Sometimes, if the woman is not a working woman, she has the right to claim for support and the family assets for her future security. However, each case is different. The grounds for divorce are also considered when this decision is being made.
Don’t Think You are Entitled to Anything
Some women file for divorce believing they are entitled to certain things just because they feel cheated that things didn’t work out. Do not ever make that mistake because family law considers various aspects. The grounds for divorce, period of marriage and many other points are evaluated before the judge makes decisions regarding the divorce and splitting of assets. Your family law attorney will advice you on how to go about things in this regard.
All Judges are Neutral
You may feel that emotions will help you win your case or rights. But on the contrary, judges in all family law cases are neutral. They weigh things with lot of thought so that the proceedings are conducted in a fair manner. Don’t expect to fight a divorce case with the aim of proving you are right.