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There are two parts to every divorce. The first part is the
termination of the marital relation
itself by court decree. The second part consists of dividing the house, cars,
furniture, bank
accounts, and other assets.The Divorce and property settlement do not have to take place
at the same time. When the division of the property is disputed, the divorce is
often obtained
first, particularly if one spouse wishes to remarry.
Child custody is an issue only if both parents want custody of the
children. If the parents
can agree on who gets custody, the judge will almost always accept their decision without
second guessing it. Any understanding regarding child custody should be incorporated
into
the written settlement agreement.
The amount of monthly child support the parent not having custody of the
children must pay is usually agreed to by the parties as part of the settlement agreement.
A marriage of a specified duration, usually ten years or more, is
considered by the courts in most states to be a marriage of long duration. This
designation is an important factor in establishing spousal support since the court retains
the right to modify, terminate, or extend spousal support when the marriage is considered
of long duration.
If you don't get custody of your children, the judge will usually give you
reasonable
visitation rights. The judge makes the decision only if you and your spouse can't
decide
for yourselves about visition.
Adoption creates the legal relationship of parent-child where a person is
not a child's
biological parent. Three separate parties are usually involved in the adoption:
the child
the adoptive parents, and the child's biological parents or a public agency such as the
department of social services. When a child is legally adopted, the adoptive parents
take
on the same obligations toward the child as if they were the biological parents.
Property settlements | Child Custody | Child Support |
Spousal Support | Visitation
Adoption | Back to the top
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