What should a divorce agreement have?
A recurring theme in the immigrant community in the United States is divorce.
Facing a divorce outside our country of origin can be complicated. Furthermore, it is not easy for any of the family members. Mainly, what is most complex when facing a divorce has to do precisely with assuming the costs of the lawyers hired for the marital dissolution. Many times it is better to reach a divorce agreement, without having to go to court, which is exhausting for both parties and, as we already said, quite onerous.
A divorce agreement is a document in which the parties reach, as its name suggests, a pact or agreement to divide the marital partnership. Among the most important clauses is the clause not to intervene in the other person's life. This must be stipulated to avoid any type of subsequent incident.
What is known as Allymony, that is, maintenance, aims to help one of the parties, especially for the wife, with whom they help in raising the children. In Latin American societies, the woman is the one in charge of keeping an eye on the children and the rest of the household matters at home.
Likewise, there is health insurance
Each insurance is expected to be independent, so the cost must be borne by each party. Another aspect that is crucial has to do with the properties that are acquired within the marital partnership. These must be stipulated and defined. What is part of properties, profits or inheritances that are not within the marriage, will belong to each party. In the same way, debts also become part of the marital union. This is important to clarify, since the collection companies will collect the part in debt, generally deducting it from the salary, which is not at all pleasant when the company has already been dissolved. That is why it is necessary to carry out an equitable division of assets.
Having a divorce lawyer in Atlanta is important, if possible
When there are properties and several children within the marriage, it will be necessary to have a lawyer who can guide us in this regard. In the event that there are children involved, custody is very important. Within the obligations that custody entails, both will have equal obligations and duties as parents.
In the case of physical custody, this refers to who has the children in their care. This part will have the right to the economic part allocated for it.
Whoever has physical custody of the children will be able to make the big decisions, such as education, freedom, friends, medical treatments, travel, etc. This is very important. The judges will always ask to have this part sufficiently clarified, knowing first who will take care of the children and who will have child support.
To define child support, several factors will be taken into account. Among these, the salaries of each of the parties, the age of the children, their level of education, whether there is a nanny, extra-sports activities, scholarships, etc. All of this will be included in child support. Although the child support calculation can be done through the State of Georgia website, it is necessary to have legal advice to be able to carry out a good agreement, especially one that is fair for the children and for the party in charge. from them.
On some occasions, one of the parties says that they do not want to receive the child support portion, either out of pride or because they really have the capacity to assume this money. Likewise, one of the two parties may state that they will not be responsible for the amount, arguing that the ex-partner may take advantage of this circumstance to take advantage of the money that is intended for the upbringing and education of the children born in the marriage. . It must be clarified that neither of these two options are contemplated by the judges, since they are part of the law of the United States.
All circumstances must be established in a divorce agreement.
From the pick-up time, arrival, vacation periods, times, shifts of stay, etc., everything will be established according to the agreement reached. It's not something easy. That is why it is essential that the lawyer can advise in the best way and without causing the greatest impact on the children. All aspects must be put on the table, even if they are apparently insignificant, including hours of conversation with the ex-partner, whether one can live with the new partner or not, mobility times and changes of residence, unforeseen trips. , etc.
A divorce agreement is meticulous and sometimes exhausting
Each aspect has to complement the rest of the relationship after the breakup. Any omission can definitely harm the children. Private activities must be stated in the document, without omitting anything, or almost nothing. That is the importance of being able to reach a good divorce agreement, one that is fair and beneficial for the children of the former couple.
The success of the divorce will depend on the relationship that exists between the two parties.
If there cannot be at least partial understanding, it is necessary to mediate to be able to agree on what is best for the children. Every divorce process is traumatic and painful. That is why it is important that it be an expert lawyer in these cases and not a professional who has no experience in it.
For the Latino community in the United States, Tovar Hastings Law has a buffet of expert family law lawyers with emphasis on the Latino immigrant community in the state of Georgia.