The Three ‘Ss’ of Divorce


The legal process of getting divorced can be boiled down to three essential concepts:  Schedules, Support and Stuff.

Schedules

If you and your spouse have children, you and he/she will need to decide when each of you parents the children and what to call this arrangement.  Most couples develop a default parenting time schedule, which establishes parenting time for each parent with the children, and which can be modified upon mutual agreement. 
           
The ‘correct’ default schedule is simply one that works for your family.  Since no family’s needs are the same, each family’s default schedule should be individually tailored.  If your kids are teenagers, the schedule will need to be flexible to accommodate their curricular and extra-curricular activities, and, of course, their friends!  If you and your spouse are the parents of an infant, then a schedule that provides for frequent contact between each parent and the infant might be desirable.  Regardless of what the default schedule dictates, however, ideally you and your spouse will maintain enough flexibility after the divorce to modify the schedule from to time as the needs of the family change.
           
Further, if you and your spouse are able to develop a parenting time schedule together, the custody labels should fall into place.  “Custody labels” are the names lawyers attach to the parenting time arrangement.   
    
Support

If you and your spouse have children, child support will be an issue in your case. 
Generally speaking, child support is money that is paid from one spouse to the other spouse as and for the support of the parties’ minor children.  Child support laws vary from state to state.  As such, if child support is an issue in your case, you should consult with an attorney. 

Additionally, spousal support may be an issue in your case.  “Spousal support” is typically referred to as spousal maintenance or alimony.  In many states, spousal support can be awarded for either a temporary period of time or an indefinite period of time.  Temporary awards of spousal support are generally granted when one spouse needs a short period of financial assistance to become self-supporting.  Indefinite awards (often referred to as permanent spousal maintenance) of spousal support are generally granted when one spouse has been out of the workforce for an extended period of time (example:  a traditional homemaker who has not worked outside the home in thirty years) or is otherwise incapable of self-support, even after a period of retraining.  Spousal support laws also vary from state to state.  Given this, if spousal support may be an issue in your case, you should consult with an attorney.  

Stuff

Property and debts acquired during the marriage need to be divided between the parties.  While the laws regarding the division of property vary from state to state, assets and liabilities alike must be identified, valued and allocated. 

Conclusion

Divorce is not an easy, three step process.  Nonetheless, the three Ss are helpful in establishing a basic understanding of the essential elements of divorce.