22 November, 2019
According to the latest statistics from the Centers for Disease Prevention and Control (CDC, 2017), based on findings from 45 states plus the District of Columbia, the marriage rate in the USA is about 6.9 per 1,000 of the total population. On the flipside, in the same demographic, the divorce rate is about 2.9 per 1,000.
But none of these cases is exactly the same in nature. For every couple undergoing a divorce settlement, painstaking efforts will be made on the part of their family lawyer according to how long the couple has been married, the number of minor children they have together, the assets they share, and the like. Those who have yet to finalize a divorce must be prepared for long wait times, hefty legal fees, and the return of old marital grudges before they do so.
That said, it’s still possible to soften the blow of a divorce. One of the best ways to do so is to come to an amicable, fair, and clear-cut divorce settlement. The divorce settlement is meant to do two things: (1) provide closure to a once-married couple, and (2) to help them and the members of their family heal, move on, and begin anew after the separation.
Detailed below are three of the most common questions about divorce settlements in the USA. If you mean to enter negotiations with your ex-partner soon, hopefully these will be of some help.
What are the steps that my ex-partner and I will need to take in order to complete our divorce settlement?
In the United States, the process for filing for divorce typically follows this sequence:
- One spouse files a petition comprising: (1) a statement to inform the court, (2) the legal basis for divorce, and (3) proof of fulfilling their residence requirement in the state where they are filing.
- Either spouse may request a temporary order for spousal support, child support, or child custody while the petition is being processed.
- The other spouse responds to the petition and assumes the role of respondent/defendant.
- The two spouses enter the mediation phase. Here, they are encouraged to reach a settlement before the case goes to court.
- If there is a stalemate and settlements fail, the last recourse is to undergo a divorce trial and leave the decision on the matter to a judge.
The biggest takeaway here is that the mediation stage matters a lot. It will be all the better for a couple to negotiate and work towards reaching a settlement instead of spending even more time, money, and grief during a divorce trial.
How will our assets be divided?
You may have incurred several different kinds of assets during your time with your spouse, including the following: retirement and pension plans, shared business interests, stocks, property, and others. The difficult question of what goes to whom is based on factors like the length of your marriage, each spouse’s financial situation, each spouse’s income and earning potential, and the like. Moreover, your assets will be classified as either separate property (solely yours in ownership) or marital property (under the ownership of both you and your ex-partner). Some examples of assets that you will sort are:
- Assets that were owned before the marriage;
- Assets that were received as part of an inheritance (either before or during the marriage), or;
- Assets that were a gift from a third party.
What some petitioners don’t realize is that some assets are still considered marital property, even if they are under one spouse’s name. Dividing assets will be a complicated procedure, and so it is best to seek the advice of your family lawyer in assigning values to, establishing ownership of, and distributing assets.
Would I need to hire a separate lawyer from my ex-partner’s in order to finalize the divorce agreement?
The quick answer to this question is yes. No one attorney can represent two opposing ex-partners. You may not think that you need additional legal services if your ex-partner’s lawyer is the one drafting the divorce agreement. But there’s a risk of them using subtle, complex legalese to further implicate you in the situation. Thus, having your own lawyer to review the drafted agreement is your best means of protecting yourself.
Why You Need the Expertise of a Family Lawyer
Family law is a practice area that involves deeply human emotions as well as objective details. Having an excellent family lawyer on your side could make all the difference in your securement of closure and healing. One such exemplar based in Singapore is Viviene Sandhu, a partner of the firm Clifford Law. To Viviene, the human touch matters in resolving a divorce case; it is what makes the divorce proceedings less hurtful, more productive, and better oriented towards a family’s wellbeing.
