Experienced Divorce Lawyers Guiding You Through Surprise Legal Challenges
It is no secret that the divorce process poses many potential challenges. Not only may you be dealing with the emotions of separating from a longtime spouse and determining custody of the children, but also of transitioning from one standard of living to another. At the same time, the legal process itself can also be difficult to navigate. Seeking child custody or protecting your assets during property division may not be as straightforward as you might hope. To ensure that you can confidently cross every bridge you encounter in your divorce process, you need the guidance of an experienced lawyer.
At Kalamarides & Lambert, we have been handling divorce and family law cases for many years, and we know how to anticipate what unique challenges you are likely to come across. We understand that going through a divorce can be emotionally and financially taxing, and we are here to help ease the burden of finding effective legal solutions for any surprise challenges you encounter along the way. Though our office is in Anchorage, we represent clients throughout Alaska.
Possible Surprises In Child Custody Cases
Seeking child custody is one of the most difficult challenges in a divorce when you have children. Alaska Statute 25.24.150 lists the factors that the court will consider when deciding custody. The ultimate priority of the court is to protect the best interests and needs of your child. Yet, this process can be much harder than it may seem. Some of the most common surprises for clients are:
- Realizing that there is no primary caregiver preference.
Many assume that mothers are more likely to get custody because they are the primary caregivers. However, Alaska equally considers both parents in the decision of granting custody, evaluating your individual capability and desire to care for your child, among other factors. The court has a preference for shared custody, barring domestic violence, mental health issues, substance abuse, child abuse or neglect, or sexual abuse.
- Encountering manipulation.
We have seen clients being intimidated or intentionally confused by their spouses just to gain custody of their children or assets. Even if you and your soon-to-be ex-spouse seem to be on amicable terms, it is worth being wary in case he or she may try to convince you that you do not deserve gaining custody or certain assets. The only advice you should rely on during your divorce is that of your lawyer.
- Discovering the difficulty of relocating.
Many clients express an interest in relocating to the Lower 48 after the divorce. In order to relocate, you must have a valid reason to leave Alaska, other than wanting to prevent the other parent from seeing the children. The court then looks at the custody factors set forth in Alaska Statute 25.24.150 to determine what is in the children’s best interests.
Our team can help you map out your goals regarding child custody as well as build a strong case in your favor as a parent.
Common Surprises Regarding Property Division
When it comes to property division, it can be difficult to determine which of your assets are subject to the process. There is often a misunderstanding that an asset acquired under one spouse’s name will likely remain in his or her possession. However, Alaska considers any assets acquired during the course of the marriage to be shared property, even if it was purchased or obtained in one spouse’s name.
Certain types of property acquired prior to your marriage may have become reclassified as marital during your marriage. These assets may include the home you and your spouse shared, or retirement assets. Dividing retirement assets can be especially tricky without the guidance of an experienced lawyer. Retirement plans are subject to division through a qualified domestic relations order (QDRO), which has many complicated parts to it. It is important to file your QDRO with the court to ensure the transferal of the retirement funds.
Talk To A Skilled Divorce Attorney Today
No matter what unexpected challenge you may be faced with in your divorce process, our attorneys are prepared to guide you. Tell us about your issue today at a confidential consultation session. Call 907-205-4997 or complete our contact form to secure an appointment. Se habla español.