Three FAQs When You Are Considering Divorce

Divorce Lawyer in Clearwater, FL

If you are facing a divorce, you likely have many questions. Separating from your spouse can be overwhelming, and splitting a shared life can feel daunting. This short guide covers some of the most frequently asked questions about divorces. 

1. Who Gets Custody of the Children?

If you have children, your first thought is probably their care. Worrying about who will get custody of your children is one of many parents’ top concerns during the divorce process. 

While each state has specific laws about parental rights, there are a few fundamental rights that all parents share:

  • Physical custody
Legal custody

  • Bestowing gifts to a child

  • Receiving a child’s assets upon their death

Parents may share these rights equally, or the divorce process may limit one or all them.

You and your spouse may outline a legal custody agreement amicably or, if civility is not possible, you may need the help of a lawyer. If the case goes to court, a judge will examine both parents and determine what is in the child’s best interests. 

2. Who Has To Leave the Home?

Unless you are afraid for your safety, you should not leave home without the advice of an attorney. If you have children, the law dictates that you cannot remove them from the family home without the other parent’s consent. If you do so, you may be putting your custody chances at risk. 

If you or your spouse need to leave the house, it is wise to receive legal advice first. The law states that both spouses have rights to the house, even if both names are not on the title. If you can do so civilly, continue to share the marital home until the divorce is final. 

3. Who Pays Child Support?

The divorce process will determine who, if anyone, pays child support. If your children live with your spouse for most of the time, you will have to pay child support to assist with their living expenses. You may also have to contribute to medical costs and other requirements like insurance.

If you share custody equally with your spouse, you may not have to pay child support. If you make more money than your spouse, you may still have to help care for the children when they are in your former spouse’s care. But, the fee will be less than it would be if you didn’t share custody. 

The divorce process is a challenging and emotional time. Understanding a few steps beforehand can help ease your worries. If you are facing a divorce from your spouse, a divorce lawyer in Clearwater, FL can help. Call us at The McKinney Law Group today to set up a consultation to learn what your options are.