So your marriage is coming to an end. Now what? Part II
You’ve gotten over the initial shock of realizing that your marriage is over. Now what? Well, now you have some tough decisions to make starting with what do you want out of the divorce. Some preliminary matters to work though include who stays in the house, who gets physical custody of the children, who gets possession of the family pet, and how will the assets/debts be divided.
Residing in the marital home to the exclusion of your spouse is known as exclusive possession. If there are children involved, the spouse having primary physical custody generally resides in the house to minimize the displacement of the children.
If the parties cannot agree on physical custody, the court will look at 16 factors to ultimately decide what is in the best interests of the children. Most courts believe it’s important for children to spend equal time (or as close to equal time as possible) with each parent. You’ll want to keep that in mind if you choose to move out and get a place of your own. The farther you live from your spouse, the harder it is to make joint custody work and the harder it is on your children.
If you’re like me, your family pet is more than a pet, he’s a four-legged family member. Unfortunately, the law doesn’t give him the same love you do. Pets are considered marital property. If the parties can’t agree, the court will decide who gets the pet in equitable distribution.
Generally, the party living in the marital home is responsible for the bills as well. If you’re driving a vehicle, you’re most likely responsible for the costs associated with that vehicle. Each party is generally responsible for bills in his/her own name, and history helps determine who is responsible for joint bills. Any payments made during the separation or while the divorce is pending towards joint bills or for the benefit of joint assets may be offset during equitable distribution.
Your assignment: make a list of individual and marital assets and debts. Gather copies of titles, account statements, appraisals, etc. Each party will have to prepare an inventory of what property needs to be divided.
If you are trying to determine what to do next, give us a call at 724.550.6970. We offer a free 30-minute consultation and would love to discuss how we may help you with your divorce.
*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.