What Divorce Can and Can’t Do
Each divorce case has unique facts and circumstances. Because of this the divorce process can be complicated and sometimes unpredictable. As you go through a divorce, it is helpful to understand what a divorce can and cannot do for you. This will help you know what to expect in the process. For assistance with a divorce in Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida, contact the Law Offices of Matthew Z. Martell, P.A. to speak with an experienced Sarasota divorce lawyer near you.
What a divorce can do
A divorce can accomplish several things, including the following:
- Division of property and debts
In a divorce, the court can divide the property of the parties and apportion the debts. While there are caselaw, statutes and guidelines as to how a court is supposed to divide property, a portion of it also is essentially left to the court’s discretion. To ensure that your property rights are protected, you should seek out representation from of the best divorce lawyers in the Sarasota, Bradenton, and Venice, FL area.
- Financial Support
A divorce court may also order one of the parties to pay financial support to the other party. This could include spousal support (a/k/a alimony) and includes child support if the divorce involves children. When a court orders support, there are statutory guidelines and factors that it must consider when calculating child support as well as case law guidelines that is must weigh in determining alimony.
- Child custody and visitation
When the divorce involves children, the court will determine child custody (called “parental responsibility”) and visitation (called “timesharing”) issues. In making child custody decisions, the court is supposed to do what is in the best interest of the children. In making this determination, the court will consider several factors, including:
- The relationship of the children and parents
- The need to promote stability and continuity in the children’s lives
- The character and circumstances of the parties
- Issues of domestic violence
- Any other relevant information
What a divorce cannot do
In a divorce, there are some things that cannot be guaranteed. This includes the following.
- A precisely equal division of property/debts
The court will attempt to divide the property in a fair manner under the circumstances, but it may not be able to necessarily divide the property and debts with mathematical 50/50 percent certainty. Mainly, this comes into play when one spouse has pre-marital assets or debts which could result in one party walking away with more than the other. Because property and debt division can be complicated, the court will do its best to try to achieve a fair division.
- No guarantee that there will not be drama
Divorce cases often invoke emotion and strong feelings. Although the court will issue orders to try and limit drama, it cannot always be avoided. Spouses may be vengeful in their strategies and create issues. This is why it is important to seek out a highly rated and well-reviewed divorce attorney the Sarasota, Bradenton and Venice, FL area like Matthew Z. Martell who will protect your legal interests.
- Maintain your traditional standard of living
Because divorce divides property and may require one party to pay support to the other, it is difficult for both parties to maintain the same standard of living enjoyed during the marriage. Divorce will likely be a financial setback for both Husband and Wife, and it will take some time to return to the standard of living once enjoyed.
Contact a Sarasota Divorce Attorney if you are going through a divorce
To ensure that you are protected during the divorce process and understand what to expect, you should seek out legal representation from the best Sarasota divorce attorneys you can find. A Sarasota family law lawyer like Attorney Matthew Z. Martell can provide excellent legal advice to assist you in the process. He will advocate on your behalf for a resolution that is fair under the circumstances. Contact the Law Offices of Matthew Z. Martell, P.A. at (941) 556-7020 to learn how we can assist with your Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida divorce case.
