If you are considering a divorce, you must know your legal rights. The decisions you make during this time will have a lasting impact on the rest of your life. There are several things to consider when deciding to end a marriage, and it is essential to understand the implications of each choice. This article will provide an overview of divorce’s most important legal considerations.
Grounds for Divorce
When filing for divorce, you must specify the grounds or reason for the divorce. The grounds you choose will determine how your assets are divided and whether you will be required to pay alimony. There are several grounds for divorce, but the most common are no-fault and fault-based.
No-fault divorce is based on irreconcilable differences or an irretrievable marriage breakdown. This type of divorce does not require either party to prove that the other is at fault for the dissolution of the marriage.
Fault-based divorce, however, requires one party to prove that the other party is responsible for the marriage breakdown. This could be due to infidelity, abuse, or other reasons. If you file for a fault-based divorce, it is essential to know that your spouse may contest the grounds you have listed.
Property Division
In a divorce, all marital property must be divided equitably between the two parties. This process is known as equitable distribution. All property acquired during the marriage, including income, is considered marital property. Divorce is one of the reasons for the transfer of equity; this is a process where the home owned by the couple is transferred to one party to keep the family home.
The only exception to this rule is if the property was designated as separate in a prenuptial or post-nuptial agreement. In some states, property acquired before the marriage is also considered marital property. This is known as community property. Under community property law, all property acquired during the marriage is considered jointly owned by both spouses and must be divided equally in a divorce. However, community property law is only enacted in a few states, so it is important to check the laws of your state to see if they apply to you.
Alimony
While not all divorces will result in one spouse paying alimony to the other, it is a common outcome. Alimony, also known as spousal support, is a monetary payment from one ex-spouse to the other. Alimony is intended to assist the economically disadvantaged spouse in maintaining the standard of living they enjoyed during the marriage.
Several factors will be considered when determining if alimony should be paid and how much should be paid. These include the length of the marriage, the earning capacity of each spouse, the spouse’s age and health, and the spouse’s financial needs. Not only will the court consider these factors, but they will also weigh the ability of the paying spouse to make alimony payments.
Child Custody
No divorce is complete without a child custody arrangement. If the divorcing couple has children, they will need to determine who the children will live with and how much time they will spend with each parent. There are two types of child custody: physical and legal.
Legal custody gives a parent the right to decide their child’s education, health, and welfare. On the other hand, physical custody determines where the child will live. In some cases, one parent will have sole custody of the children. This means that they will make all decisions about the children, and the children will live with them full-time. In other cases, the parents will have joint custody of the children. This means that they will share the decision-making power, and the children will live with both parents.
Child Support
With child custody comes child support. Child support is a payment from one parent to the other to help raise the children’s costs. The amount of child support that will be paid is determined by several factors, including each parent’s income and the children’s needs.
Child support payments are typically made until the child reaches the age of 18. However, in some cases, child support payments may continue until the child graduates from high school or reaches age 21. If you are owed child support, you can contact your state’s child support enforcement agency to help you collect the payments.
Going through a divorce is never easy. But knowing your legal rights can help to make the process a bit easier. These are just a few of the most important things you should know if you’re getting divorced.
