Divorce for Women
Divorce can be a difficult process for both halves of the couple seeking a split, but women face certain issues which are unique to them. Women and men are treated slightly differently be the court, and it’s important that you be prepared for the issues you are likely to face when you begin divorce proceedings. The San Diego divorce attorneys of Fischer & Van Thiel can help you with the unique challenges facing women during a divorce.
Child Custody and Child Support
The courts usually favor the mother when awarding child custody. As a mother, there is a good chance that you will gain custody of the children, barring certain extreme circumstances, such as drug or alcohol addictions, psychological problems, or a history of abuse or neglect.
Even if you do have physical custody of the children, your ex-husband will probably also be granted legal custody, meaning he has the right to help make decisions governing the child’s well-being, such as what schools they attend, their religious upbringing, and the medical care they receive.
If you do receive custody of the children, your former husband will probably be required to make monthly child support payments. This money most go to the care of your children, and will help cover the costs of clothing, food, shelter, medical attention, schooling, etc. It is not taxed, as long as it meets the requirements for being court-ordered child support payments.
Alimony is spousal support, money which is paid monthly to a former spouse to maintain his or her standard of living. Until recently, alimony was almost strictly awarded to women, and it is still far more common for women to receive alimony than it is for them to pay it. Alimony is usually awarded based on several conditions, such as:
- The duration of the marriage. Marriages under 10 years in duration are less likely to involve large alimony payments, or permanent alimony agreements.
- How much money your former husband makes, versus how much money you make.
- The financial prospects of both former spouses.
Occasionally, women have been required to pay alimony to their ex-husbands, but this is usually only in cases of a serious discrepancy in income.
Unlike child support, alimony is taxed. If you receive it, you are required to list it on your income tax forms. If you pay it, your ex-husband will have to list it.
When you go through a divorce, all of the communal property in the marriage will have to be divided. You and your ex-husband will probably have to sit down and come to an agreement about how you will divide the property. Usually, the courts will honor any agreement that they consider fair. The San Diego divorce attorneys of Fischer & Van Thiel, LLP, can help you come to an equitable split of your marital property.
If you’re a woman going through a divorce and you’re worried about securing favorable divorce terms, contact the San Diego divorce for women lawyers of Fischer & Van Thiel, LLP, today by calling 858-935-6211 today.