Common Legal Issues with Dissolution & Separation

Whether you are involved in a dissolution of marriage (divorce), dissolution of civil union, or legal separation case, there are many additional legal problems that may come up.

Here are a few common legal issues to be aware of:

1

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Dividing your property and financial assets

Many separating couples desire to ensure that their shared properties and assets are divided fairly. If you are seeking legal help from an attorney with this process, it is important to be prepared to provide a detailed description of your financial situation.

If have retirement savings with your spouse partner – such as a pension, 401(k) plan, or an IRA savings account – you will likely have to obtain a Qualified Domestic Relations Order (QDRO) before getting separated. 

2

Coordinating the care of minor children

If you and your spouse or partner have any minor children together, the two of you will need to agree to a parenting plan. This is a court order that determines which parent(s) has primary custody of the child, as well as if any parent(s) has visitation rights.

 

Additionally, either spouse or partner can request to receive financial assistance from the other, such as alimony or child support.

3

Health, Safety and Financial Security

Separating from your spouse or partner can be an incredibly stressful process for many different involved parties. Contested cases, which can take years to resolve, are often emotionally and financially draining.

 

If you are struggling financially throughout the duration of a divorce case, you can request temporary financial relief from your spouse or partner. This includes temporary alimony as well as temporary child support if you have minor children together.

Additionally, if you find yourself in an unhealthy or dangerous situation, you can file to evict your spouse/partner from your residence or obtain an order of protection.