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Divorcing With Children: Always Work With A Divorce Attorney To Protect Your Rights

5 March 2019 by Kenneth Pierce

When you are going through a divorce, trying to work out the details with your former spouse can be near impossible. Even when you both the divorce, it can be difficult to figure out all the details when it comes to property separation, debt management, and child visitation schedules. If your ex is aggressive and used to getting their own way, you are going to need a divorce attorney on your side to protect your rights. While you might want to simply agree with your ex to get the divorce over with, an attorney will make sure that you get the property, assets, and child custody you deserve. 

Property Division and Your Divorce

How your property is divided will depend on whether you live in an equitable distribution state or one that is a community property state and divides everything in half. In an equitable distribution state, you are still likely to get half of the assets. A reason one party might get more over another is if the couple was married for some time and one party was the stay-at-home parent while the other built up a career. The one who was caring for the children might get more in assets to cover for their lack of career. No matter what side you are in, talk with a divorce attorney about your rights to property before you sign any agreement with your spouse.

Child Custody and Visitation

If you have children, settling on a child custody agreement and visitation schedule will help all of you feel more settled. When both parties are willing, capable parents, the custody is generally split 50/50 with a parenting schedule that reflects equal time with both parents. If one parent is more the caretaker and the other wants visitation, this can lead to one parent being the custodial parent while both parents share legal custody. Know what your rights are and don't sign an agreement that you are not comfortable with. Trying to change a custody agreement after it is filed with the court is near impossible if the other party doesn't want to change the order. 

When you have children, put their needs first. Even when you can't stand your ex, understand that your child probably doesn't. Look for ways to protect your own assets and visitation rights. Talk with a divorce attorney before you sign any agreements, as these are binding and difficult to change in the future.

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