A divorce can be one of the most heartbreaking experiences that you will ever go through. Unfortunately, the legal issues that accompany a divorce can be daunting in their complexity, and it should be no surprise that many clients are very confused about what to expect from this process. However, if you take the time to learn the following answers to some common questions, you should be in a much better position to navigate the legal proceedings that accompany divorce.
Which Spouse Will Pay For The Divorce Proceedings?
It is no secret that a divorce can be a very expensive legal proceeding to go through, and as a result, it is common for clients to wonder which spouse is responsible for paying these costs. However, it should be noted that these expenses will usually be deducted from the marriage assets.
This is done to ensure that both spouses have access to legal representation by avoiding a situation where one spouse is hoarding the financial assets. In situations where you decide you no longer want to go through the divorce, you will both be responsible for the legal expenses incurred, and you will have to pay these out of pocket.
Do You Need Joint Custody To Have Visitation Rights?
If your marriage produced children, this may be one of the most contentious issues that you will be facing during these proceedings. Custody of children can be a major obstacle to settling a divorce, and this often stems from the fact that clients may not fully understand their parental rights following a divorce.
For example, it is common for people to assume they must have some form of custody over the child to be entitled to visitation rights. However, this is not always the case, and it is possible for a parent that lacks custody to enjoy the right to spend time with their child. While there may be more stipulations regarding these visits if you lack custody, the courts will still enforce your right to see your child.
If you are going through a divorce, it is important for you to understand some of the more common issues that can arise during these proceedings. By knowing that attorneys often take their fees from the marriage assets and that you do not need custody to be awarded visitation rights, you should find that it is easier for you to understand and defend your rights during this stressful and contentious process. For more information, contact a professional lawyer, like Joanna Cobleigh Esq, to discuss your concerns.