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.
Additionally, the husband's and wife's marital assets must be divided among them. In most states, these holdings are supposed to be divided equally. However, assets like pensions, life insurance, stocks and bonds, bank accounts, real estate, and others come into dispute and the couple argues about to how much of each the other is entitled. Even more, they may argue about wealth gained prior to the marriage, which is immune to the court's decree and therefore not eligible for claiming by the other party.
Yet, despite this mandate, sometimes people argue about how much a certain asset is worth and how much of it should go to the ex-spouse. In these situations, attorneys and judges move to resolve these issues for the couple.
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.
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.
Additionally, the husband's and wife's marital assets must be divided among them. In most states, these holdings are supposed to be divided equally. However, assets like pensions, life insurance, stocks and bonds, bank accounts, real estate, and others come into dispute and the couple argues about to how much of each the other is entitled. Even more, they may argue about wealth gained prior to the marriage, which is immune to the court's decree and therefore not eligible for claiming by the other party.
Yet, despite this mandate, sometimes people argue about how much a certain asset is worth and how much of it should go to the ex-spouse. In these situations, attorneys and judges move to resolve these issues for the couple.
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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