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Unlikely Factors That Affect Divorce

Unlikely Factors That Affect Divorce

Marriage is always full of optimism, but it doesn’t always stay that way. Many marital relationships end in divorce. According to the website of Higdon, Hardy and Zuflacht, there are various legal areas that need to be addressed on divorces, such as child custody and support, division of assets and liabilities, and spousal support.
Of course, the spouses involved will do everything they can for their best interests, but it may come as a surprise that there are certain unlikely factors that the court considers, either for a more favorable or less favorable judgment for the spouses.

Willingness to Cooperate

The less disputes the divorce has, the faster legal matters can be accomplished. But even divorces that have numerous disputes can be fast and peaceful, as long as the spouses show their willingness to cooperate and maturity in regard to the separation. Those who are willing to cooperate are more likely to get favorable court decisions in terms of alimony, child custody and support.

Financial Standing

The shared financial capability and the individual financial capability of the spouses are also considered. For example, one spouse’s good financial standing can increase alimony to the other spouse, especially if the other spouse is not as financially sound. Financial situations, such as bankruptcy, can also influence asset and liability distributions, like how it can discharge certain marital settlements, as long as they are not supportive in nature.

Relationship with Spouse and Children

A spouse’s bond to his or her partner and their children are also taken into consideration. For example, a spouse that has received allegations of domestic violence may receive less favorable responses from the court, especially in terms of child custody and support and alimony.
Also, the spouse who has a deeper relationship with his or her children and has sacrificed more for the said children may have more favorable responses from the court.

Criminal Record

A criminal record shows a lot of things regarding a person, but one of the most important things divorce courts look at is the psychological aspect. Is this person still mentally sound to be a positive influence to his or her spouse or children? A spouse that has significant offenses under his or her name may get less favorable responses from the court. On the worst instances, he or she may even be legally limited in seeing his or her spouse and children.

Protection from Domestic Violence

The Violence Against Women Act (VAWA) was passed in 1994. This act and the provisions added in 1996 acknowledge domestic violence as a legitimate national crime and offers protection to victims under the federal government, in addition to state and local governments. In order for domestic violence to qualify as a federal crime, and thus be eligible for federal court or federal protection, it must meet certain standards.

Traditionally pop culture represents domestic abusers as an obsessively controlling husbands or boyfriends. Despite this common and prevailing depiction, abusers can take many forms. Plenty of abusers have been spouses, domestic partners, parents, ex-spouses, boyfriends, and girlfriends.

Being the victim of domestic abuse can be disorienting and frightening. It is important for people who become the victim of domestic violence to seek outside help in order to improve their situation. Legal help can be instrumental in enforcing restraining order and carrying out legal action against domestic aggressors.

In addition to providing immediate help for domestic violence, a family lawyer can help spouses who seek a divorce. Not only can lawyers mediate the legal proceedings surrounding separation but they can expedite the whole process. Most couples that seek a divorce typically have children. So when a divorce is necessary, the business of separating finances, estates, and family can be dicey.

In the majority of divorce cases, people need a legal assistance and expertise when determining child custody agreements, child visitation rights, and child support financial plans. The presence of an experienced attorney can help the process move along much faster as well as provide both parties with more options than they knew they had at their disposal.