How divorce work: Everything you need to know
How divorce work? What should I consider when separating? In Superior Justice we inform you of some important issues that you should take into account when making this difficult decision.
How divorce work: What is it?
Divorce in the United States is the way people can legally end a marriage, and although all states now allow no-fault divorce, some still offer the option of dissolution based on “fault.”
In addition, if the couple has community property, spouses can divide marital property. Alimony or spousal support may be sought, and issues such as child custody and visitation may be at issue.
During the process, it is recommended that each spouse be represented by his or her own attorney and take into account the time it takes for the divorce decree to be issued when hiring one.
Fault and no-fault divorce?
How divorce work, Fault and no-fault divorce ? In the past, in order to file for divorce, most states required a showing of fault on the part of one spouse (adultery, abuse or abandonment).
Now, in order for people to divorce on their own grounds, all states offer some version of the “no-fault” divorce model, although some states still offer the option of filing for a no-fault divorce or “blaming” the other spouse.
How divorce work: Child custody and visitation after a divorce
Some of the most emotional aspects of divorce law are child custody and visitation.
Child custody can also be divided by the court. The court may also decide that both parties share custody of the minor children. If both parties have provided equal support, the court may also establish the primary residence of the child and may also determine that both parents are obligated to support the child.
As for legal custody of the children, it involves the right to make major decisions for the child, while physical custody determines with whom the child will live. The parent who does not have primary physical custody is usually given a schedule for visitation with his or her child or children. That same parent may also have to pay child support to the custodial parent in an amount set by the court.
Visitation hours, which are generally based on the needs of the child, are determined by the court based on what is deemed to be in the best interest of the child. The court also establishes a time limit and a mechanism for communication with the child or children. This is also the aspect that is likely to be contested by the parties.
How divorce work: Property and divorce
Another important aspect of family law is the division of property and the treatment of children during this process. The court can divide property and determine custody of the children. It can also appoint guardians for the children if they have not already been appointed. This determination will also be the subject of a hearing and trial.
The manner of dividing marital property in the U.S. depends on whether the couple lives in a community property or equitable distribution state.
In community property states, all property acquired by the couple during the marriage is considered jointly owned by the couple (with some exceptions) and is divided equally upon divorce.
In equitable distribution states, judges consider a number of factors before deciding on a fair division between the couple. This division does not necessarily have to be half and half.
Assets that each individual owned before the marriage are considered his or her own and usually do not enter into the division made by the court. However, other types of individual assets, such as inheritances from a single spouse, gifts, and favorable personal injury judgments, are not usually considered marital property.
Attorneys who specialize in this area can often help determine which assets are exempt from division during the divorce process.
Spousal support is another important aspect of family law.
The court may also order spousal support if it finds that one party has failed to provide adequate support to the other spouse. This is generally based on the financial circumstances of the spouses. If the parties live together as a couple and neither has provided adequate support, the court may order both parties to pay spousal support to the other. This is also commonly referred to as alimony or maintenance.
Child support is also usually divided by the court if the parents can come to a consensus on the amount of support and whether or not spousal support should be considered. This can also be done when the parties have not agreed on the child support formula and the court determines that it would be in the best interest of the child. The court may even order the parents to split the support.
