Thursday, January 14, 2016

What are the major elements of divorce settlements?

The final legal document that prescribes the terms of divorce between a wife and a husband is called a divorce settlement. Once both parties have given their consent to the terms by signing the document, it is incorporated in the divorce decree.

What does a divorce settlement contain?

For the most part, a divorce settlement includes terms of division of marital property and responsibilities among the spouses. Spokane, WA divorce lawyers say, and the best in this city are from the Powell Law Offices, that it will include detailed terms of child custody and visitation rights along with alimony, child support, and other related issues.

Furthermore, a divorce settlement mentions how the divorce will affect properties, financial obligations that were jointly held like cars, real estate, life insurance, household items, bank accounts, debts, investments, children’s college tuition funds, pensions and retirement funds, to name a few. The document will also detail tax payments as well provide provisions that will help modification of the document if there is a drastic change in the financial position of any one of the spouses.


A couple can enter a separation agreement when they feel their marriage is no longer viable. Many states require the couple to live separately for a period of time before they can file for divorce. During the separation couples often sign separation settlements. More often than not the terms incorporated in the separation settlement become part of the divorce decree and Eastern Washington State divorce attorneys will be involved in this process.

In many cases both the spouses together with their respective legal professionals will decide on these issues before the matter reaches court. However, instances are common when the spouses are unable to reach a decision on crucial issues such as division of property and child custody. In such a situation the court will intervene and decide on their behalf, the terms of which is enforced by a court order.

If you are in the Spokane area and you are about to get a divorce you need to call on the services of the Powell Law Offices (http://www.powelllawoffices.net/). They know the legal system well and they know the tactics of the other side. For the most part, they will make sure you are not swindled or a victim of your ignorance of how this game is played. Your marriage is over with and that is something you must realize. Your spouse is now your adversary and the trust you used to share with him or her is gone.

No one believes this is more tragic than the Powell Law Offices but they will make sure that you are not cheated and that your case is presented well over the phone and/or in front of a judge or mediator. You have your interests and they should be honored.

Some facts that you must know before a divorce settlement

Once the court has dissolved your marriage by passing a Final Order of Dissolution you are required to abide by its terms. Remember if you fail to do so you can be held in contempt of the court for which you can either receive a fine or in a worse-case scenario a jail term. This means your legal representative must scrutinize the document before you put your signature down.

Another paramount aspect to consider is that your divorce will impact your taxes. For instance, properties that you receive after your divorce as well as your alimony are taxable. If you are paying alimony then you are eligible for a tax deduction. Before signing the agreement you must determine the tax implications of your settlement.

Spokane, WA divorce lawyers recommend that you do not get into any kind of verbal agreement with your spouse since it is not legally binding. Therefore, you ought to insist on written agreement that must be validated by your legal representative. 

Overturning a divorce settlement

Once a settlement is official, overturning the divorce decree is a very difficult task. Remember, if you wish to overturn the decree you will have to appeal to a higher court. This will cost a lot in terms of time and money. Moreover laws vary state-wise so make sure you get help from an Eastern Washington State lawyer to understand the grounds permissible. There is no better divorce lawyers than those at the Powell Law Offices as already stated as well. 

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