When filing for a divorce, many people immediately think of all the negatives like court fees, lawyer expenses, and the tedious drawn-out legal process of finalizing the divorce. However, despite these negatives, there are some positive factors that can come out of a divorce trial. These positive factors include court-ordered decisions on spousal support, child custody, and division of property. The goal of family courts is to make the court orders fair by looking at various factors like income and the best interest of the child. If these factors look like they are not going the way you want them to, try talking to a Tennessee family law lawyer.
Spousal Support and Child Custody
Spousal support, also called , is a court-ordered amount of money that one ex-spouse has to pay the other ex-spouse for a specified period of time. Depending on the circumstances, the alimony can be temporary or permanent. This is largely determined by looking at each spouse’s financial resources.
If you are paid alimony as a result of the divorce trial, this can help you in several ways. For one, you will not
have to worry as much about your finances, especially if you are also raising children. Alimony may help you cover basic living expenses and avoid encountering debt or other financial problems.
To start the alimony process, you simply need to either have your spouse sign a legal agreement or tell the judge if your spouse disagrees with your alimony request. A judge will base the determination of alimony on your current income, how your income may change as a result of the divorce, your physical and mental health, and the amount of time you will need to find a job if you do not have one. This decision may also be based on the length of the marriage, the standard of living during the marriage, and your spouse’s ability to pay alimony.
Child custody decisions may not go in your favor without the help of the court. Your spouse may completely disagree with you on who should raise the children. A court can enforce the decision you want as long as you provide sufficient justification.
Division of Property
during a divorce can lead to heated arguments about who owns what and who should walk away with certain properties after the divorce. Tennessee laws simplify this process by dividing the property into marital property and separate property. This is done objectively and fairly in an attempt to uphold legal rights to your property.
In other words, a divorce trial may be able to help you keep your property as long as you have proper legal justification.