When a marriage fails to survive, people often consider getting a divorce. Because marriage is a legal contract between two people in addition to being a committed form of relationship, certain legal matters must be addressed when individuals seek to dissolve their union. Determining who gets what portion of the marital assets and which parent will be awarded custody of the couple's children prove to be matters that often must be resolved by lawyers and a judge.
In fact, child custody sometimes stands out as the most contentious matter to be resolved by divorcing couples. In years prior, most judged automatically gave guardianship to the mother, with fathers being awarded visitation rights. Fathers also typically had to pay a required amount of child support each month to his ex-wife.
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.
However, if the minor children are of an age to speak for themselves and determined to be of sound mind, judges will sometimes allow them to decide with what parent they would like to reside. This is especially the case with teenagers, as long as there are no accusations of abuse within the family. Teenagers wanting to stay at a certain school sometimes will be allowed to reside with the parent who lives close to the school and can continue their child's education at that place.
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.
Likewise, a couple who is being divorced must divide their marital assets between each other. Assets that were gained prior to marriage are not eligible to be divided, but real estate, life insurance, pensions, stocks, and bank accounts, among other things, that were jointly held during the marriage often must be divided equally between the two parties.
However, sometimes couples disagree about what property should be divided and what amount should be given to each person. Lawyers and judges sometimes need to step in and resolve these disputes.
Getting a divorce can help people escape an unhappy marriage and lets both the wife and husband build new lives. However, because marriage has legal implications, divorcing cannot be accomplished without both people filing court documents and their union being dissolved by a judge. Legal matters like who gets the kids and who gets what portion of the marital belongings on occasion leads to contentious arguments that require skilled attorneys and the courts to decide.
In fact, child custody sometimes stands out as the most contentious matter to be resolved by divorcing couples. In years prior, most judged automatically gave guardianship to the mother, with fathers being awarded visitation rights. Fathers also typically had to pay a required amount of child support each month to his ex-wife.
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.
However, if the minor children are of an age to speak for themselves and determined to be of sound mind, judges will sometimes allow them to decide with what parent they would like to reside. This is especially the case with teenagers, as long as there are no accusations of abuse within the family. Teenagers wanting to stay at a certain school sometimes will be allowed to reside with the parent who lives close to the school and can continue their child's education at that place.
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.
Likewise, a couple who is being divorced must divide their marital assets between each other. Assets that were gained prior to marriage are not eligible to be divided, but real estate, life insurance, pensions, stocks, and bank accounts, among other things, that were jointly held during the marriage often must be divided equally between the two parties.
However, sometimes couples disagree about what property should be divided and what amount should be given to each person. Lawyers and judges sometimes need to step in and resolve these disputes.
Getting a divorce can help people escape an unhappy marriage and lets both the wife and husband build new lives. However, because marriage has legal implications, divorcing cannot be accomplished without both people filing court documents and their union being dissolved by a judge. Legal matters like who gets the kids and who gets what portion of the marital belongings on occasion leads to contentious arguments that require skilled attorneys and the courts to decide.
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