ARE YOU THINKING ABOUT GETTING A DIVORCE?
If you are considering or thinking about getting a divorce, it is important to follow some steps that may help make the process as smooth as possible for you and your children such as:
- It is important to first seek legal advice from a qualified licensed attorney who can guide you through the process and inform you of your rights and obligations.
- Gather important documents: Collect important documents such as financial records, marriage certificates, and any other relevant documents that may be needed for the divorce proceedings.
- Communicate with your spouse: Try to communicate with your spouse and come to an agreement on issues such as property division, child custody and support, and alimony.
- Be prepared for the emotional and financial costs: A divorce can be emotionally and financially draining, so be prepared for the emotional and financial costs that may come with it.
- Seek support: It's important to seek support from friends and family, and consider talking to a therapist or counselor to help you cope with the emotional stress of the divorce.
- Keep the best interest of your children in mind: When making decisions about child custody and support, it's important to keep the best interests of your children in mind and to try to minimize any negative impact the divorce may have on them.
- Choose a lawyer that you trust: It's important to find a lawyer who you feel comfortable working with and who you trust to represent you during the divorce process.
WHICH SPOUSE SHOULD GET THE CHILDREN?
In a litigious divorce, the court will typically make a decision about child custody based on what is in the best interests of the children. The court will consider a variety of factors when making this determination, including:
- The child's preference: The court will consider the child's preference, if the child is old enough to express a preference.
- The child's relationship with each parent: The court will consider the child's relationship with each parent, including how involved each parent is in the child's life and how well they have been able to meet the child's needs.
- The child's safety: The court will consider whether either parent has a history of domestic violence, abuse, or neglect and will take steps to ensure the child's safety.
- The child's stability: The court will consider the child's current living situation and how it may be affected by the divorce. The court will try to minimize the disruption to the child's life as much as possible.
- The parent's ability to provide for the child: The court will consider each parent's ability to provide for the child's physical, emotional, and financial needs.
- The child's cultural background and/or religion: The court will consider any cultural or religious considerations that may be relevant to the child's upbringing.
It's worth noting that there is no a certain "rule" for determining with whom the children should stay and it will depend on the specific case.
The court will consider all relevant factors to determine the best arrangement for the children, which could be either shared custody or sole custody.
What if my spouse is threatening me with violence?
If your spouse is threatening you with violence, it is important to take immediate action to protect yourself and your children. Here are some steps you should take:
- Call the police: If you or your children are in immediate danger, call the police immediately. They will be able to assess the situation and take appropriate action to protect you.
- Seek support: It's important to seek support from friends and family, and consider talking to a therapist or counselor to help you cope with the emotional stress of the situation.
- Get a restraining order: If you are afraid of your spouse, you can ask the court for a restraining order, which will prohibit your spouse from having contact with you or your children.
- Document any incidents of violence: Keep a record of any incidents of violence, including the date, time, and any witnesses. This evidence can be used to support a restraining order or to help build a case for custody or divorce proceedings.
- Consider seeking legal assistance: If you are in a situation of domestic violence it is important to seek legal advice from a qualified lawyer or law firm who can guide you through the process and inform you of your rights and obligations.
It's also important to remember that domestic violence is a criminal offense, and your spouse may be arrested and charged with a crime if they engage in violent behavior.
If you are thinking about getting a divorce you may want to consider contacting a domestic violence shelter or organization for additional support and resources.
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