When people decide to get a divorce, they do so because their marriage is falling apart. However, as the law recognizes marriage as a binding contract between two people, they must address a certain amount of legal matters before the court will grant their dissolution. Deciding which amount of the marital assets will be awarded to whom and to whom custody of the children will be awarded often are matters for lawyers and judges to decide. With that, getting divorced can be a complicated matter.
Indeed, among these issues to be resolved is the issue of child custody. Many couples fight about whom will keep the children and how much child support the other person will pay. It used to be that judged awarded custody of minor children to mothers in most cases. Fathers were relegated to weekend visitation rights and paying determined amounts of child support each month.
Present-day courts, however, judge moms and dads equally, without automatically assuming that the mother is the best person to retain custody of the children. More men are now retaining custody and more women are having to pay child support and be happy with joint custody or visitation rights. They also must pay support for the children to their ex-husbands.
If abuse is not an issue in the divorce and children are determined as being in good emotional health, they may often be called upon by the judge and asked with which parent they would like to live. This is the case with teenagers, especially, who want to stay in the same school that they attend. They often will remain with the parent who will keep the marital home or remain in the same area that allows that child to stay with his or her school and friends.
After the court gives guardianship to one parent, the other parent is usually directed to pay a mandated amount of support to the ex-spouse each month for the children's upkeep. The sum of money that is paid out monthly is based off how much that parent makes each month, with about one-quarter to one-third of that income going to their children.
In addition to the children, divorcing people must decide how they would like their assets divided. Most states award the couple an even split of the marital assets, which can include pensions, real estate, stocks, and bank accounts. Wealth earned by either person prior to the marriage usually cannot be claimed by the opposite party during the proceedings.
Yet, despite this mandate, sometimes people argue about how much a certain asset is worth and how much of it should go to the ex-spouse. In these situations, attorneys and judges move to resolve these issues for the couple.
Obtaining a divorce may assist a person leave a miserable marriage and allow both parties to build a new life. However, as marriage involves legal issues, getting divorced may not be possible without both parties petitioning the court and a judge dissolving their union. Among things that must be decided are the custody of a marriage's minor children and the division of the marital assets, which might lead to disagreements between the husband and wife. Their lawyers and a judge in the case often must decide these matters.
Indeed, among these issues to be resolved is the issue of child custody. Many couples fight about whom will keep the children and how much child support the other person will pay. It used to be that judged awarded custody of minor children to mothers in most cases. Fathers were relegated to weekend visitation rights and paying determined amounts of child support each month.
Present-day courts, however, judge moms and dads equally, without automatically assuming that the mother is the best person to retain custody of the children. More men are now retaining custody and more women are having to pay child support and be happy with joint custody or visitation rights. They also must pay support for the children to their ex-husbands.
If abuse is not an issue in the divorce and children are determined as being in good emotional health, they may often be called upon by the judge and asked with which parent they would like to live. This is the case with teenagers, especially, who want to stay in the same school that they attend. They often will remain with the parent who will keep the marital home or remain in the same area that allows that child to stay with his or her school and friends.
After the court gives guardianship to one parent, the other parent is usually directed to pay a mandated amount of support to the ex-spouse each month for the children's upkeep. The sum of money that is paid out monthly is based off how much that parent makes each month, with about one-quarter to one-third of that income going to their children.
In addition to the children, divorcing people must decide how they would like their assets divided. Most states award the couple an even split of the marital assets, which can include pensions, real estate, stocks, and bank accounts. Wealth earned by either person prior to the marriage usually cannot be claimed by the opposite party during the proceedings.
Yet, despite this mandate, sometimes people argue about how much a certain asset is worth and how much of it should go to the ex-spouse. In these situations, attorneys and judges move to resolve these issues for the couple.
Obtaining a divorce may assist a person leave a miserable marriage and allow both parties to build a new life. However, as marriage involves legal issues, getting divorced may not be possible without both parties petitioning the court and a judge dissolving their union. Among things that must be decided are the custody of a marriage's minor children and the division of the marital assets, which might lead to disagreements between the husband and wife. Their lawyers and a judge in the case often must decide these matters.
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