Divorce Law and Judges

Divorce Law and Judges

Going through a divorce may mean that many important decisions you wanted to make will not be up to you. This can be incredibly difficult to learn when you feel that your life is completely changing. You might be wondering what kinds of decisions you will get to make during this process, what your spouse will get to decide, and what final decisions will be left up to a judge. As you work through your divorce, you will quickly find that having a divorce lawyer there can help you navigate the process and prepare you for what a judge will do. 

What kinds of decisions will a family law judge make in a divorce case? 

There are many decisions that will be left up to the judge. 

  1. Dividing Property. In the best-case scenario, you and your spouse would be able to divide your property in the way that works best for the both of you. However, this is not always easy to do, especially when a couple owns multiple pieces of expensive property. If this is the case, the judge will examine the state law on property division and come to his or her own conclusions. Although it depends on the state you live in, many states distribute property equitably. 
  2. Granting the Divorce. This may seem obvious, but the judge will need to make sure that all ducks are in a row when it comes to granting a divorce before actually finalizing a divorce. Factors that play a part in this decision are whether the couple has resided in the state for a certain period of time and whether it is a fault-based or no-fault divorce. 
  3. Determining Child Support. During the divorce process, the judge will make a decision regarding whether one parent gets custody of the child and whether the other parent will need to pay child support. While they will mainly be looking to the state laws to determine child support, it is also up to the judge’s discretion to make decisions. 
  4. Creating a Plan. When you have children, you may need to come up with a parenting plan to help determine where the children will spend their holidays, who will get them on weekends, and how important decisions regarding their lives and health will be made. 

There are many things that are left up to the judge when it comes to making decisions during a divorce. Having a divorce lawyer by your side can ensure you are prepared for the next steps as you are getting a divorce. Call Divorce Lawyer Chronicles today.

Leave a Comment