After a marriage suffers irreparable damage, couples often choose to get a divorce. However, because most states view marriage as a legal and binding contract between a man and a woman, dissolving the union cannot be done without involving attorneys and the court. Matters like the division of assets and the guardianship of the marriage's children have to be addressed, often with the guidance of the court to quiet any disagreements about these legal issues.
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.
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.
Whichever parent does not retain custody often has to pay a monthly sum of child support. That amount is often determined based on that person's earnings, with approximately one-quarter to one-third of the monthly income going to his or her children's support.
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.
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.
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.
Whichever parent does not retain custody often has to pay a monthly sum of child support. That amount is often determined based on that person's earnings, with approximately one-quarter to one-third of the monthly income going to his or her children's support.
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.
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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