There are various items of relief that a client can request in their divorce such as equitable distribution of the parties assets, child support, custody, maintenance, and anything else that a court would deem just and proper. These items of relief would ultimately seek to maintain the status quo of the parties during their marriage.
What is important to understand during the division of assets in times of divorce is that you will not automatically receive fifty percent of the assets that you have obtained throughout the course of your marriage. The equitable distribution process is the technical term for the division of assets that a couple may have acquired during the period of time that the marriage took place. One of the spouses may receive 75 percent of the assets while the other spouse may only receive the remaining 25 percent of the assets. It all depends on the situation on a case by case basis because every divorce is different.
You can also request to be the residential custodial parent of your children if you so desire to have that role in the child’s life. This would mean that you spend more than 51 percent of the time with the child or children and your ex-spouse would be responsible for paying child support that is calculated based on their income and the number of children that you have together.
However, what you must understand about any of these requests is that they are not guaranteed. Every divorce is entirely situational and compromises must be made. If the two parties involved in the divorce cannot agree, chances are they will have to go to court and the judge will make the final decision.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.