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.
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.
Now, however, courts will consider equally the mother and father as far as who will make the best guardian of the minor children. Women do not automatically win custody by default of their gender. It is no longer assumed that women make the best caregivers. With that, more men are fighting for primary guardianship and the ex-wives are having to pay child support 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.
Sometimes, however, the soon-to-be ex-spouses do not agree about who should get what amount of property and how it should be divided. Attorneys and appropriate courts must involve themselves and decide these issues.
Escaping an unhappy marriage and building a new life can be accomplished by getting a divorce. Yet, as marriage is viewed in legal terms as a binding contract between two parties, legal matters must be addressed before the union can be dissolved. People must file their case with their local court and their case must be heard by a judge. Issues like child custody and the division of marital property sometimes leads to disagreements that must be resolved by lawyers and the judge who presides over the case.
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.
Now, however, courts will consider equally the mother and father as far as who will make the best guardian of the minor children. Women do not automatically win custody by default of their gender. It is no longer assumed that women make the best caregivers. With that, more men are fighting for primary guardianship and the ex-wives are having to pay child support 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.
Sometimes, however, the soon-to-be ex-spouses do not agree about who should get what amount of property and how it should be divided. Attorneys and appropriate courts must involve themselves and decide these issues.
Escaping an unhappy marriage and building a new life can be accomplished by getting a divorce. Yet, as marriage is viewed in legal terms as a binding contract between two parties, legal matters must be addressed before the union can be dissolved. People must file their case with their local court and their case must be heard by a judge. Issues like child custody and the division of marital property sometimes leads to disagreements that must be resolved by lawyers and the judge who presides over the case.
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