No one enters into a marriage thinking that it will end in divorce, but unfortunately, it happens all too often. If you are considering filing for divorce, or if you have already started the process, it is important to be aware of the common issues that can arise during a divorce case. In this blog post, we will discuss some of the most common issues that come up in divorce cases, and we will provide tips on how to deal with them.
Division Of Assets And Liabilities
The first common issue in a divorce case is the division of assets and liabilities. This includes everything from the family home to bank accounts and debts. The two parties will need to come to an agreement on how these will be divided. If they can’t agree, the court will decide based on what it believes is fair.
Property Division
When two people decide to marry, they exchange various assets and debts. At the time of divorce, all these belongings must be equally divided among both parties. The Assets include stocks, bonds, retirement accounts, motor vehicles, personal property, and household belongings. On the other hand, the debts include personal loans, credit card balances, mortgages, student or home loans, medical bills, and more.
Whether both the parties wish to involve their respective attorneys while listing these assets and debts or want to do it personally, one must make a list. Later, share it with your lawyers so that they can make a fair property settlement.
Spousal Maintenance
Spousal Maintenance, also referred to as alimony, is a sum of money or financial support that the partner needs to provide to his spouse after separation. You would have heard this term in many divorce cases in India. Still, in many divorce cases, partners ask for Spousal Maintenance. Alimony depends on two factors – marriage time duration and income disparity. Earlier, only men used to go out to earn, and women used to stay home and manage household issues, which is why the number of cases with Spousal Maintenance was high. But, now both men and women work, yet there are a few cases when the spouse wants to contribute for his/her partner’s reasonable expenses through alimony. It is also vital to discuss how long the partner is going to pay alimony. Accordingly, the court makes a final call, and an order is place.
Custody and Parenting
If you have children and taking a divorce, then after trials child’s custody is given to either father or mother. Law has divided custody into two sections, legal and physical. Legal custody involves medical decisions, religious upbringing, and education. However, physical custody involves a child’s everyday care. Depending on the child’s decision and parent statement, a court may decide for joint or sole physical custody. Further, the court will assign a time schedule, such as a week-on / week-off schedule, weekends stay or alternate days, that must be follow by both parties. Parties will also be questioned as to how they wish to continue or want an order against their partner demanding sole custody of the child. Hire the Best Divorce Advocate in Chandigarh to get more information on the same.
Child Support
If your partner gets custody but has not had enough resources to take care of the child, the court suggests child support. No matter if you won the case or not, you can look after your child’s reasonable expenses, school fees, and other factors.
Basic support: This support is to help carry out the day-to-day requirement of the child
Medical Support: It covers medical insurance premiums and other medical costs related to the child’s health and growth
Childcare support: It includes the amount that parties need to invest in the cost of childcare.
Tax Implications Of Divorce
One of the most important things to consider when getting divorced is the tax implications. There are a few different things to take into account, such as who will be claiming the children as dependents and how alimony payments will be taxed. It’s important to talk to an accountant or lawyer to make sure you’re making the best decisions for your situation.
Relocation Cases
After getting a divorce many spouses plan to move back to their family members or to a different city to get some time for themselves, for security purposes, or to start a new beginning. For doing this, one needs to get court’s approval, especially if you have child custody. You cannot violate the court’s decision, or else strict action will be take against you by the court. Few courts also place “geographic restrictions” so that as per the decision and custody the other parent can meet his/her child.
These are a few common issues faced by every person looking forward to getting a divorce. Hire the best law firm in Chandigarh to fight your case. There are a few top matrimonial law advocate in Chandigarh that help to file and fight a divorce case. If you have a child and want to learn about other aspects of getting the custody, visit the lawyers and discuss your query, then file a case.
