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What are the Common Issues Involved in Divorce Cases?


Divorce is often a difficult process for both parties involved. Ensuring the divorce process goes smoothly requires patience and empathy so as not to cause unnecessary frustration or guilt. You can hire a Huntsville divorce lawyer to help you deal with issues that can arise when dealing with divorce. 

Here are some of the common issues involved in divorce cases:

  • Paternity

During a divorce, the court typically orders the father of a child to pay child support. In some cases, the father does not support the child and does not have any interest in paying child support. If this is the case, you can choose to seek an order for paternity without payment of child support or ask the court to modify an existing order for payment of child support. 

  • Child custody

The court issues a custody order setting out the terms and obligations of the parties with regard to their children. Custody orders are upheld throughout the duration of the case, often for a number of years, if not indefinitely. 

  • Child support

A child support order is also typically issued by the court during a divorce and affects both parents equally. The amount paid is typically determined by factors such as employment status and income. Some states do not use income guidelines when determining child support amounts. In these cases, you can file another type of petition requesting that specific factors be considered when determining the amount of child support payable to you. 

  • Division of property

The court typically divides the assets of the parties in a divorce case and requires each party to pay a certain percentage of his or her assets to his or her spouse, up to their fair share. Property division is a common problem in divorce cases and there are many different types of property that can be divided. It is important to have your attorney review the court order with you to ensure the correct property was distributed properly. 

  • Alimony / Spousal support

The court issues an alimony order that provides for payments from one party (typically the lower-income earning party) to another over a period of time and may be conditioned upon receipt of employment, training, education, or job skill upgrades. Alimony is often required following divorce as a means of helping to ensure that both spouses have financial parity after the divorce.