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.
If the children are old enough to speak for themselves and judged to be in good emotional health, they sometimes have a say about with which parent they would like to live. Teenagers, especially, have better standing in these matters, as they are entrusted by judges to be objective enough to understand their parents' marital case. Sometimes teens want to remain at his or her school and thus will choose the parent who can ensure that he or she will continue at that location.
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.
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.
If the children are old enough to speak for themselves and judged to be in good emotional health, they sometimes have a say about with which parent they would like to live. Teenagers, especially, have better standing in these matters, as they are entrusted by judges to be objective enough to understand their parents' marital case. Sometimes teens want to remain at his or her school and thus will choose the parent who can ensure that he or she will continue at that location.
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.
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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