I am getting divorced. Do I need an attorney?
It is a good idea to consult with a lawyer about major life events or changes, such as a divorce. Araceli Martinez, Attorney and Counselor at Law will protect your rights, as well as the rights of your children.
Who determines how assets are divided in a divorce?
Generally, spouses are free to divide their property as they see fit in what is called a “marital settlement agreement,” which is a contract between the husband and the wife that divides property and debts and resolves other issues of the divorce. Although many divorces begin with a high level of acrimony, a substantial majority are settled without the need for a judge to decide property or other issues. However, if the division of property cannot be settled, then the court must make the determination.
How do courts determine who gets custody of children in a divorce?
If the parents cannot agree on custody of their child, the courts decide custody based on “the best interests of the child.” Determining the child’s best interests involves many factors, no one of which is the most important factor.