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.
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.
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.
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.
Obtaining a divorce may assist a person leave a miserable marriage and allow both parties to build a new life. However, as marriage involves legal issues, getting divorced may not be possible without both parties petitioning the court and a judge dissolving their union. Among things that must be decided are the custody of a marriage's minor children and the division of the marital assets, which might lead to disagreements between the husband and wife. Their lawyers and a judge in the case often must decide these matters.
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.
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.
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.
Obtaining a divorce may assist a person leave a miserable marriage and allow both parties to build a new life. However, as marriage involves legal issues, getting divorced may not be possible without both parties petitioning the court and a judge dissolving their union. Among things that must be decided are the custody of a marriage's minor children and the division of the marital assets, which might lead to disagreements between the husband and wife. Their lawyers and a judge in the case often must decide these matters.
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