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Legalities You’ll Need to Work Out During a Divorce

by EmmaSturgis
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Divorce can be one of the most emotional and financially draining experiences that you’ll ever go through. But before you reach that point, you must ensure that all of your legal bases are covered. This article will cover some of the legalities you need to work out during a divorce.


Which spouse gets to keep the house? Each spouse can be given a “clean” divorce depending on the situation. Sometimes, you might want to strive for an amicable divorce to keep your house and car. However, if one partner causes problems that prevent that, it may be in their best interest to work toward ending the marriage quickly.


The court can order that each parent have custody for a set time. Depending on your situation, a third party may be involved, such as the state or the child’s grandparents. If neither parent is fit to be a caretaker, this is where you want to bring up the option of terminating one’s parental rights.


Each spouse will be responsible for paying one-half of the other’s assets. However, certain assets are off limits, such as assets used in criminal activity or assets that are obtained through fraud or theft. If your spouse owns these investments, you’ll want to file a restraining order against them.


In most cases, each spouse is responsible for their debts. However, if a wife had an abortion without her husband’s consent and got sued, he might have to pay half the legal fees that resulted from the lawsuit. He would have taken most of the financial hit because there are no laws that establish fault in these kinds of situations. The only way to get around this problem is by filing for divorce as soon as you discover a problem.

Retirement Assets

You’ll want to work with your attorney to ensure that you have everything in writing regarding retirement assets. Divorce is a time when emotions are running high, and many people become angry and irrational. Because of this, you must ensure everything is clear before you get into any disagreements with your spouse during a divorce.

Medical Treatment

If one of you has a medical condition that is life-threatening or chronic, you’ll want to make sure that you are the one who has control over decisions related to your illness. For example, if one spouse is addicted to drugs and needs constant medical attention, give yourself an emergency power of attorney that allows you to decide whether they receive treatment. If your spouse refuses medical treatment, it’s worth considering filing for divorce.

One of the most complex parts of divorce is deciding what you want, what you need, and what will be best for everyone involved. Fire them if they won’t let you decide how your finances will play out. It’s worth considering having a divorce lawyer on retainer just in case your spouse files for divorce. The more steps you take toward having a successful divorce, the better off everyone will be after it’s over.

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