This article is the first in a series of four that offers solid practical legal advice for individuals facing the prospect of a divorce. It is important to adequately prepare yourself properly for the legal process ahead in order to avoid any further unnecessary emotional stress during this difficult time. Tip #1: Understanding the legitimate legal grounds for divorce in the view of the court is an important preliminary step in getting a divorce. The traditional grounds for divorce are known as fault grounds, and include transgressions such as adultery, extreme cruelty, desertion, alcoholism, incarceration and sexual deviance on the part of one spouse. A no-fault divorce does not assign blame to either partner, and occurs when both spouses agree that the marriage could not be repaired over time or through counseling. Be sure to research the specific laws regarding the grounds for divorce in your state in order to educate yourself on this preliminary aspect of divorce. A divorce lawyer can help you understand which legal statutes apply to your circumstances. Tip #2: If you are contemplating a divorce, you may be wondering whether you should move out of the house. Divorce lawyer Peter Paras offers this insight: “Legally, if you leave your house, you don’t give up any of your rights to the house, to your children, or to anything. Sometimes leaving the house is a practical solution that makes a great deal of sense for everybody because it may help to reduce the stress and anxiety of everybody in the family, which will help to make the case go a little more smoothly.” On the other hand, Paras adds, “There are other times when it would be detrimental for tactical reasons to leave the house and those would have to be explored on an individual basis.” A general principle to remember when making a decision about whether or not to leave the house is that the more a couple can cooperate and compromise, the faster and smoother the whole divorce process will be. If you have children, it’s important to consider their well being and emotional state as well when making this decision. Tip #3: It’s important to be prepared for your initial visit with your divorce attorney. Divorce attorney Bonny Reis suggests, “Before you see a lawyer, go through the house and take the financial records that you can find because although we’re entitled to get them in discovery, sometimes that is a long and costly process. The more you can bring to your lawyer to begin with, the better off you are and the less expensive your divorce is going to be.” Financial records that are especially helpful include bank account records, brokerage account records, tax returns, and Quicken records. “If someone keeps their books and pays their bills on Quicken or some program like that, it gives us in a nutshell the family’s lifestyle. It saves a lot in attorney’s fees and in accountant’s fees, and it enables us to give the judge a picture of exactly how the family lived,” Reis explains. Bringing your divorce lawyer proof of your significant other’s transgressions, such as incriminating photographs, is not very productive because the court views divorce as essentially an economic decision. As difficult as it may be, it is best to try to keep your emotions in check and focus on the practical concerns at hand. Divorce case involves many different types of issues, including child custody, child visitation, child support, assets and property, and alimony, all of which will be addressed in parts 2-4 of this series. Look for the upcoming installments of this series:Part 2: Child Custody and Child VisitationPart 3: Child Support and AlimonyPart 4: Assets and Property Division Liz Ryan is a Writing and Content Specialist for LawyerCentral. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.character education

Alimony and child support are important aspects of a divorce case and involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts. Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents’ incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent’s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer’s income and added to the payee’s income when child support is being calculated. Tip #1: There is no formula for determining alimony. According to divorce lawyer Peter Paras, “Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it’s going to be permanent, rehabilitative, or limited duration alimony and in what amount.” Tip #2: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent’s obligation continues until the child is emancipated. “Children are emancipated at different times,” explains divorce lawyer Peter Paras. “Typically they’re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That’s when the obligation technically ends.” Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents’ rights and responsibilities have been terminated for any other reason, child support payments may be discontinued. Tip #3: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, “Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.” Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex. Divorce cases involve many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series. For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment: Part 1: Divorce Advice: Preparing for Your Divorce Part 2: Divorce Advice: Child Custody and Child Visitation Part 4: Divorce Advice: Assets and Property Division Liz Ryan is a Writing and Content Specialist for Lawyer Central. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.survey reviews