Walking away from a marriage doesn’t allow you to walk away from your other obligations: to your former spouse, and to your children. Families are viewed as cooperative units in a legal sense – the mother and father work together to provide and raise the children. Whether that entails one person in full time paid employment and the other on childcare duties, or a rotation of both, the long lasting impacts of divorce on the family situation require special legal remedies and particular circumstantial provisions.

Most people believe that the process of divorce severs all ties with their former spouse. But did you know that many jurisdictions impose a discretionary alimentary allowance? That is to say, where on spouse has formerly been dependent on the income and financial support of the other, the divorce shall not prejudice his or her position by denying the right to an alimentary allowance from the spouse. The remedy? A discretionary periodical payment from the former bread winner – even after divorce.

Divorce Checklist #1 –

Were you the bread winner? Did your spouse have no employment of his or her own? >>> You may owe an alimentary obligation, at the discretion of the court depending on your jurisdiction

Likewise your kids are still your responsibility – even after the dust has settled on your marriage. Depending on your income the amount you will be required to pay will vary. As a rule, most jurisdictions work on either roughly 20% of your income or a fixed amount payable per child over a certain earnings threshold. If your child is under 16, 18 or 21 depending on jurisdiction, you might also have to pay up for their upkeep.

Divorce Checklist #2 –

Did you have children with your former spouse? Are they still under 16, 18 or 21 depending on jurisdiction? You may be liable to pay for the upkeep of your child/children, variable up to as much as 20% of your salary in certain areas. Consult your attorney for more details on your potential obligations.

However, remember that both spouses will usually have a right to maintain contact with their children following divorce, which can be forced through the courts if necessary. If you do choose the legal route for your access, however, make sure intimation of proceedings to the child is dispensed with as part of the legal craving to avoid any ill feeling or damage to your paternal or maternal bond.

One of the most difficult elements of settling any divorce proceeding is determining who gets what from the matrimonial estate, and whether or not any ongoing provision need be made to sustain the remaining spouse or indeed any children of the marriage.

In the absence of pre-nuptial agreements, divorce is a messy business which almost certainly requires the input of divorce attorneys and the courts when it comes down to dividing the assets of the marriage. That’s why you need to be familiar from the outset with your potential financial obligations and exactly how much you could end up paying your former husband or wife.

In most jurisdictions (although this can vary), there is a 50% rule. What that means, by and large, is that the estate is divided equally between both spouses on divorce, leaving each with exactly half of the aggregate property. In effect, this closes any gap between spouses, say where one is in full time employment and the other is dependent or one owns property and investments and the other looks after the house and children. Of course, the all important detail varies between place to place – what property is up for division?

Often the property to be divided is any property acquired during the course of the marriage. In other words, savings, chattles, housing – anything bought after the marriage is available for 50/50 division between the two spouses on separation. However in some jurisdictions, such as California, the rule goes further to split entire net wealth 50/50, which is obviously more significant and arguably more inequitable.

A crucial financial obligation that is often forgotten but still remains in a large number of jurisdictions worldwide is the obligation to aliment a dependent spouse on divorce. In other words, if the husband of a marriage was the main bread winner and the wife played the role of homemaker and cared for the children, the husband would most likely be required to provide some ongoing financial provision further to the divorce in order to allow the wife to find her feet financially and to gain full time employment.

Of course, there’s also the alimentary obligations owed to children of the relationship up until the age of 16, 18 or even 21 depending on the jurisdiction in which you reside. What that means is that it might be worthwhile touching base with a solicitor to find out your obligations before you begin pre-divorce negotiations.

Divorce is rarely a pleasant set of circumstances, regardless of your feelings towards your former spouse. Add to that the legal mess that can arise when it comes down to who gets the dog and which CD belongs to whom, and you’ve got a recipe for absolute disaster. The unfortunate inevitability of pulling in the lawyers can also seem like a daunting prospect particularly if you’ve never had to deal with legal matters before. When you’ve lived with your spouse for a number of years the shift to legal dealings can seem a bit cold, but nevertheless it’s the best way to resolve the situation to ensure fair dealings all round.

Before you call on the divorce attorney, the best thing to do is to try and communicate with your former spouse on a civil level in order to divide your existing assets and reach an amicable conclusion – this will avoid the hassle and expense of going through court, not to mention the bitter taste the judicial process can leave.

Even if you do manage to work something out there is still the little factor of the court separation, meaning you will both require some form of legal representations even if it is to rubber stamp the arrangements you’ve already made. When it comes down to choosing your lawyer, if you don’t already have one, here’s a few things you should consider to make the most of your situation:

• Qualifications – Is your attorney fully qualified to practice in your jurisdiction?
• Experience – Is your attorney experienced in dealing with divorce cases? Not all lawyers are divorce attorneys, so make sure whoever you choose has a specialism in family law.
• Expectations – There’s never any harm in asking a prospective attorney what he can expect to achieve on your behalf. Remember though, don’t just go with what you want to hear. Ask for a run-down of the law and what you can expect as a likely outcome.
• Price – Never seek the advice of an attorney blind. Ask upfront how much you’re going to have to pay for his or her services, and ask for a fixed project price rather than an hourly rate where possible.

Remember – a divorce attorney is there to serve your needs. And whilst it might be more important to vet your choice if you require legal negotiations prior to the case, it’s still a good idea to make sure your dealing with someone who ticks all the boxes.