By the time you have arrived at the decision to seek counsel for divorce, you have already suffered through the ups and downs of a deteriorating marital relationship. We seek to remove the barriers and smooth out the rough patches for you to move on to the next phase of your life. We do this by educating you on the law and how that law is applied to your specific situation. It is our goal at D’Angelo & D’Angelo to both educate you and remove the mystery from what may be seemingly a very daunting and complicated matter.
There are three general components that may exist in any divorce situation.
The first is equitable distribution. Equitable distribution is a concept that all possessions and assets that came into the marriage are subject to an equal division at the end of the marriage.
The second is alimony or spousal support. Spousal support is it concept that states the parties are entitled to live in a similar financial condition after the marriage is over as the financial condition they had during the marriage. This often means that the greater income earner would pay a sum of money to the lesser income earner in the relationship. A court will look at a set of factors including but not limited to the length of the marriage, the party’s ages, the party’s earning abilities based upon past employment and education. It is the balancing of all the alimony factors that may result in an award of support. Those factors are also used for the determination of the amount and duration of any support award.
The third is child custody, parenting time and support. All parents have an equal right to raise their children and participate in the life impacting decisions that affect their children. Joint custody is the concept they both parents share that equal right. Parenting time upholds the idea that each parent is entitled to spend time with their children. Child support notes that all parents have an obligation to support their children until adulthood and under certain circumstances, beyond.
None of these concepts are absolute. There may be specific rules that deviate from the general application stated above, that further nuance any specific rule’s application to your marriage. There is also often an interplay among all three concepts.