Leaving Your Spouse: What’s in a Divorce Proceeding?

Legal Adviser April 21, 2016
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DivorceWhen the going gets tough, some couples decide to file a divorce right away. This might be a better approach — instead of violating each other’s rights and feelings, but you should know that there’s more to it than simply ending your marriage. Divorce involves many other things, from custody to asset division, which the court has to decide according to what they think is best for the situation.

Divorce as Means to End a Marriage

Unlike annulment, which dissolves a marriage and counts it to be invalid right from the start, divorce ends a legal marriage without deleting its history from the records.

Divorce has several types. A separation decree only voids cohabitation, but still counts the marriage valid. An absolute divorce, on the other hand, gives both spouses the freedom to marry again, but only after divorce is granted, and child custody and support and other agreements have been settled.

Child Custody: Who Becomes the Custodial Parent?

The court considers many factors when deciding who gets custody, although it all boils down on the child’s best interests. All courts regardless of jurisdiction look at the age of each child, gender, and state of mental health. They consider the type of home each party has to offer and parental behavior.

Moving on, there may be no need for court appearances under a no-fault divorce. Lewis & Matthews, P.C. and other legal professionals say that a mediator or family lawyer in Denver (or anywhere in the U.S.) should be enough to finalize child custody agreement.

Property Settlement: Division of Assets and Debts

This is when the court splits the debts and assets, which the couple acquired during their marriage. They do this by either ruling an equitable property division regulation or a community property division decree. In Denver, equitable property division is implemented wherein the court decides what the couple will be based on their deservingness and economic state.

Child Support and Alimony

The court decides the amount of child support according to the state’s guidelines. In most jurisdictions, though, only the non-custodial parent pays child support with the amount depending on income, the age of the child, and time spent with children. Note that special rules may apply to children with disability. Spousal support granted to a spouse who would need financial assistance after divorce. This is temporary and only lasts for a short period of time or until the other spouse is up on their feet again.

Divorce is a big word, for it does not only cover dissolution of a marriage. It is also the root of other complicated family issues that arise once spouses decide to part ways.

Category: The Daily Bail
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