Divorce is not easy and it’s something that both people in the relationship never wished for. Couples argue but sometimes the problems are beyond salvation, so the only reasonable course of action is to get divorced.
If you are someone who has recently filed for divorce or has been filed for divorce, then there are certain things that you need to know involving family law.
Family Law
Family law includes legal subjects such as divorce, annulment, child custody, and visitation rights. In the United States, a spouse is someone in a married or common-law relationship, while a couple is two people who are not in a married relationship but have lived in a marriage-setting for two years or more.
Relationships break down and people separate or get divorced, depending on the relationship status. If a relationship ends up in a divorce, then there are certain legal rights that you should know, as well as, responsibilities in the case you and your spouse are parents.
Source: The Firm For Men
The most basic thing is that you apply for a divorce if you are married and no longer wish to be, while no such course of action is needed if you are a couple.
At the end of a relationship, each person has certain legal rights and responsibilities that must attend to. No matter if you are man or woman, the rights and responsibilities are the same, and separating couples need to make decisions about these matters:
• Care of Children
As a parent, you are responsible for the care of your child. Both you and your spouse are legal guardians of your child and a daunting decision must be made that is in the best interest of the child or children. According to Right Lawyers, the fairest course of action would be to share the childcare between both parents, as this often times is in the best interest of the child or children. However, that doesn’t seem to always be the case, as most court decisions favor the mothers. A decision must be made, and both parties must come to an agreement about where and with whom the child will be living. If the decision favors the mother, then the father must be guaranteed visiting hours and each one has certain parent responsibilities, such as health care, education, etc.
Source: Toronto Family Law Blog
• Child Support
Each parent has a legal responsibility to support their child or children financially. Usually, the parent that spends less time with the children has to pay child support. In addition to child support, both parents must pay for special or extraordinary events such as school trips, sports lessons, etc.
When discussing child support, there are two types of custody that come into play when determining the amount the other parent has to pay. And those are sole custody and shared custody.
• Spousal Support
Spousal support is not a right that is legally and automatically given to one of the parents. The parent who needs spousal support needs to show proof of financial disadvantage that has been a consequence by the end of the relationship.
The process of determining spousal support involves a careful examination of several factors. These include the length of the relationship, each parent’s financial capacity, and their respective roles during the partnership. The court typically looks at the earning potential of each individual and the impact the relationship had on their financial status. For example, if one parent sacrificed career advancement to support the family, this would be considered in the support decision. The goal of spousal support is to mitigate any unfair economic effects caused by the breakup of the relationship, ensuring that neither party is unduly burdened and that is something you can learn more about.
Additionally, spousal support isn’t always a long-term obligation. It can be structured in various ways, such as a lump-sum payment or regular installments over a defined period. The nature of the support is contingent on the individual circumstances of the case. Importantly, spousal support agreements or orders can be modified if there’s a significant change in circumstances, ensuring the arrangement remains fair and appropriate over time. This dynamic aspect of spousal support reflects the evolving nature of individual financial situations following the dissolution of a relationship.
Source: Geller Law and Mediation
• Property Division
Property division is the legal term that describes how what you and your former spouse split after the end of the relationship. Everything that has been acquired during the relationship, is split 50-50, this is called family property. Everything that you’ve had before the relationship, you get to keep except if its value has increased. If the value of what you’ve owned has indeed increased during the course of your relationship, then it’s split 50-50.
