Category: Justice

Going through a breakup or divorce comes with a lot of stress emotionally, physically, and financially. It often leaves the couple with a lot of questions, especially if they lived together beforehand. One of the most pressing questions is: What happens to your real estate during a couple break up?

Whether you’re married or not, it’s important to know the standing of your real estate when going through a breakup. Here’s everything you need to know.

Who Gets the House When an Unmarried Couple Splits Up?

Many unmarried couples decide to buy property together.

When doing this, it’s likely the piece of property is jointly purchased. That means there are two names on the loan or mortgage, signifying that both parties hold ownership over the home. If this is the case, it’s likely there could be some arguments over who actually gets the property.

The first thing you have to consider is how you signed the loan. There are typically two ways you can do this.

Tenants-in-Common

Some couples will buy a home as tenants-in-common. This method gives each tenant a certain agreed-upon percentage of the home. For example, one half of the couple may own 40% of the home, whereas the other one owns 60%.

In this case, the home might go to the person who owns the majority of the property. The minority party will have to pay off their half of the loan. We’ll go into this more in a bit.

Joint Tenants

Property can also be purchased as joint tenants. This means the property is owned equally — 50/50 — between the two parties. This can make things a little bit messier when it comes to a couple break up.

How Do Unmarried Couples Split Property?

There’s no easy or straight-forward method of splitting real estate after a couple break up. Unless you turn to mediation, you’re going to have to decide who gets the home as a couple. Finances play a key role in determining this.

One party might decide to refinance the loan or mortgage in their name exclusively. In this case, the party taking the home has to have good credit. Doing this absolves the other party of the home entirely.

Another choice is to sell the home jointly to pay off the mortgage or loan. Of course, the home may be worth less than the loan, making this a bad move in some cases.

The riskiest move — especially for your credit score — is to let the bank repossess the property. This gets both parties off the hook, but again, it does major damage to each party’s credit. This should be avoided if possible.

Finally, one party can stay on the loan or mortgage, live in the home, and continue paying it off. They can take the other party’s loan, or have them continue to pay it (although this is unlikely). Either way, both parties will have to remain on the loan on paper, and some parties may not feel comfortable with this if they’re not living in the home.

So, there are a few options for unmarried couples with property, but none of them are easy. What’s more, they each require you as a couple to decide who gets to take on the property. If this can’t be decided, you’re going to have to get a mediator involved.

A mediator will help you decide how the property should be split based on your finances, standing, etc. This is often the best option for couples breaking up, especially if the break up isn’t amicable.

Who Gets the House When a Married Couple Splits Up?

If you’re going through a divorce, it can be even more difficult to determine who gets to keep the property.

The most straight-forward method is for the couple to decide who gets to keep what. If you can do this, you can avoid going to court over the property. However, this may not be viable, especially in a messy divorce.

In this case, the decision is made by the court according to the equitable distribution method. This is a method of splitting maritally owned property, from items to real estate, equally between the two parties. Most states follow this method, except:

• California
• Idaho
• Louisiana
• New Mexico
• Texas
• Arizona
• Washington
• Nevada
• Wisconsin

When going through the equitable distribution method, you’ll both need to appear before the court. Each party will need to present a number of items to find who is most suitable to take on the home.

How Does the Court Decide Who Gets the Property?

The court will have to review a few factors when making its decision. These include:

• The financial capability and condition of each party
• How much each party paid toward owning the property
• Each party’s individual property values (businesses, stocks, etc.)
• The amount of money each party makes
• How much money they’ll need in the future to maintain their lifestyle
• Alimony and child support obligations
• Who has custody over any kids you may have
• The employability of each party
• Prenuptial agreements
• The general health and age of each party

The court will review all of the above to determine who is best fit to take on the home. They want to give the home to someone who can pay for it and maintain it. The court will want as much information as they can possibly get to help them make their decision.

Another important factor in who gets to take the home is the purchase date. If the home was bought by one party before marriage, there may only be one name on the mortgage. In this case, the home is considered separate property and goes to whoever originally purchased it.

Gifts are also considered the property of the gift recipient. If you were given the house as a gift, it may be yours to live in.

The court won’t always give the home to one party outright, though. Sometimes, they’ll find the home to be marital property, and award both spouses a share in it. What happens then?

What If the Judge Awards Both Parties the Home?

If the judge awards both spouses a share of the home, you have a few options to consider. Since you probably won’t be living together, you’re going to need to do something to pay off the home. These options are similar to what might happen when an unmarried couple splits up their home.

One party may buy out the other’s shares in the home, moving all ownership to them. This can be expensive, but it’s probably the most straightforward way to deal with the issue.

In some cases, the court will let one spouse live in the house for a set period of time even when it’s technically owned by both. The couple is given a date by which the house must be sold. By that date, the spouse living in the home must vacate and have the home sold.

The couple may be told to sell their home as fast as possible. Once the home is sold, the money made from the sale is distributed between each party. The court will decide how this is split up.

Finally, the court may offset the home’s value by giving the other partner more marital assets. For example, one party may be given the home, while the other is given a larger portion of other co-owned property. This may include anything from vehicles to furniture and more.

What About a Deferred Distribution?

With a deferred distribution, the judge sets a future date by which the home must be sold. The judge might do this if you have kids under 18, or if the housing market is in bad shape. The “sell-by” date may fall in line with when your kid(s) turn 18, or when the housing market picks up.

In this case, both parties will continue to pay taxes, mortgage payments, insurance, and maintenance fees on the home. They must keep the home in good shape until the sell-by date. One party is allowed to live there as determined by the court.

Dividing Property During a Couple Break Up Is Never Easy

No part of a divorce or couple break up is easy, especially splitting up real estate.

It’s important to stay strong through the process and remember that this is just temporary. There are plenty of ways to split up your real estate with civility and fairness, whether it’s through the court, a mediator, or through your own means.

Consider the factors above and know that the court will determine the fairest way to go forward. It may not feel like it all the time, but it’s important to remember that these decisions are hard for all parties involved, including the court. Be prepared, get your documents in order, and act with civility, and you’ll get through this in one piece.

If you have kids and have recently gone through a split up, see what 2Houses can do for you. It’s a system designed for easy communication between separated couples, including shared calendars, financial graphs, and a messaging system.

One of the most challenging parts of a breakup or divorce remains settling on child custody. Unmarried couples save themselves much of the hassle associated with a divorce. Yet, they may still end up in family court if they can’t come to a custody agreement.

As it turns out, many of the legal difficulties experienced by unmarried couples prove similar to those of divorcing parents. What’s more, as circumstances change down the road, issues such as the introduction of new significant others into children’s lives can cause conflict. That’s why even amicably splitting couples should seek the help of a family attorney to craft a custody agreement. That way, they can create an arrangement that stipulates expectations and rights based on a thorough understanding of NC custody laws. 

Fortunately, NC child custody laws for unmarried parents are clear when it comes to child custody cases. Let’s take a closer look at the laws governing parental rights in NC. 

Mother’s Rights in NC

One of the fundamentally essential considerations in NC custody law? The relationship of the parent to the child involved. In other words, unmarried mothers and fathers have different rights under the law. 

While there are always exceptions to the rule, here’s how the law works. Under NC child custody law, an unmarried mother gets primary or natural right to custody following the birth of a child. This arrangement only applies when no father is named on the birth certificate or steps forward to make a custody claim.

In essence, the mother has the legal right to exercise control, care, and custody of the child. The mother’s claim and, therefore, rights remain more significant than those of the father or anyone else.

However, additional proceedings may result in alterations of these child custody rights in NC. During these proceedings, the biological father or another close family member must prove that the mother is unfit to raise her children. Or they must show she’s abandoned them.

Father’s Rights in NC

When it comes to father’s rights NC, they start with the name appearing on the birth certificate. Why? Because the parents are unmarried. 

In situations where a couple was married, however, the courts will assume that any children produced during the marriage are a result of the union. 

As a result, an unmarried father whose name doesn’t appear on the birth certificate has no grounds for custody. Especially if the mother is a good parent. For fathers who can establish a relationship, however, they may be able to secure custody or visitation through a court order.

Before all else, you must establish paternity. Once completed, the father can petition the court to have his name added to the child’s birth certificate. After that, the father will receive notifications of proceedings related to custody. 

Because of the placement of their name on the birth certificate, the father gets automatic recognition as the legal father. The father also receives an equal amount of standing in court as the mother. 

Of course, like the mother, the father’s rights to custody get determined by the family court judge’s decision about their parental suitability. 

Types of Custody

Three types of custody typically get awarded during NC child custody proceedings. These arrangements include:

• Sole custody
• Joint custody
• Third-party custody

Let’s take a closer look at each type of custody, starting with sole custody.

Sole Custody

Sole custody can refer to either physical or legal custody. Sole legal custody grants one parent the responsibility and right to make decisions about a child’s health, education, and welfare. 

As for physical custody, it refers to the right of one parent to have a child reside with them. The custodial parent is tasked with all primary care of the minor. Usually the non-custodial parent provides child support. 

Joint Custody

Joint custody refers to the sharing of significant parental responsibilities between both parents. This arrangement may lead to a 50/50 custody agreement. Don’t assume that it will, though.

Joint custody does imply, however, shared responsibility when it comes to choices related to a child’s health, welfare, and education. 

Third-Party Custody

Third-party custody refers to situations where someone other than a parent seeks custody of a minor. This third-party individual generally would not have legal standing. However, NC may consider extended family relationships such as godparents, family, neighbors, and siblings. 

In determining whether or not a third-party placement makes the best sense for a child, the court will look at the length of time the party has known the child. They’ll also consider whether or not the parent consents to the third-party having custody.

When it comes to a third-party placement, the courts will also decide whether or not each parent has carried out their parental responsibilities. 

Extenuating Circumstances

Parents should recognize there’s a distinction between legal and physical custody. Co-parents may share legal custody without sharing physical custody. 

In other words, even though one co-parent may have primary physical custody (and the child residing with them), both parents will still be asked to make decisions regarding healthcare, education, etc. 

As a result, custody decisions may not be as cut and dry as you anticipate. That’s why it’s critical to seek legal representation so that you fully understand your rights.

Joint Custody and a Child’s Best Interests

Judges make joint custody rulings based on the best interests of a child. Certain extenuating circumstances may affect a custody outcome, however. These include:

• Domestic violence
• A special-needs child
• Long distances between parents’ addresses
• Other relevant and exceptional circumstances

Other factors that could change a joint custody ruling include:

• How the parents have acted on the child’s best interests in the past
• The moral conduct, standard, and actions of the parents
• The quality of the relationship between a parent and child
• Which parent is more likely to allow the child more frequent contact with their co-parent

Suitable evidence presented to illustrate that joint custody is not in the best interest of the child could, ultimately, impact a final judgment. 

Types of Custody and Visitation

We can distill down child custody rulings into three broad categories. There are countless variations and configurations when put into practice, though. What’s more, it’s important to remember that courts generally grant both parents legal custody. 

As a result, legal custody is not an indication of which parent is most likely to get physical custody. Remember that it’s quite common for co-parents to share legal custody, even when the child resides primarily in one home. 

In such a case, the other parent usually gets regular visitation rights outlined on a court-approved annual calendar. This parent also has a say in important decisions impacting the child’s life. Such an arrangement is known as joint legal custody and sole physical custody. 

The bottom line with this type of custody arrangement? Both parents must work together to make decisions about their children’s upbringings.

This approach requires diplomacy and the establishment of a positive co-parenting relationship with healthy communication. That said, the court may designate one parent as the “tie-breaker” in cases where disputes are not otherwise quickly resolved. 

In some instances, courts may grant each parent decision-making rights when it comes to specific topics of scenarios. 

Joint Custody Pros and Cons

When it comes to joint physical custody, you’ll find both advantages and consequences to this situation. Here are a few things to keep in mind when considering your custody options.

The Pros of Joint Custody

By its very nature, joint physical custody requires co-parents to reach mutual decisions. They also must interact, even if only briefly, on a regular basis.

This arrangement may be the last thing you want to do at the end of a relationship. Nevertheless, you must consider your children’s best interests.

In most cases, children benefit from seeing their parents work together to compromise and come to decisions. Under ideal circumstances, they should witness interactions that are healthy where two mature adults handle their differences with grace.

Rest assured that this type of cooperation will get easier over time. As you and your former partner learn how to co-parent, you’ll reach a certain level of effectiveness with regard to:

• Consequences
• Rules
• Bedtimes
• Meals
• Other child-rearing decisions

There will be challenges along the way. Keeping in mind that parenting is a dynamic process will help you through the difficulties. You should also go into the arrangement anticipating occasional ups and downs.

When it comes to major decisions such as medical care and education, however, you may find that your co-parent’s input is much appreciated. 

The Cons of Joint Custody

Of course, when it comes to major decisions, it can also prove difficult to come to a consensus. You may even find times where it’s impractical to reach out to the other parent before making a decision. For example, scheduling a follow-up appointment with a doctor.

In situations where one parent is extra aggressive, the other co-parent may feel as if their voice isn’t being heard. 

Forcing two individuals to collaborate, especially when they’ve broken up due to fundamental differences, can feel stressful. That’s why it’s crucial to maintain healthy co-parenting communication skills.

Otherwise, it can be all too easy for decision-making sessions to turn into contentious debates where verbal or even physical attacks may occur.

Healthy Co-Parenting Tips

What are some fantastic co-parenting skills that can make things go more smoothly? They include the following:

• Setting clear boundaries
• Creating and adhering to a predetermined schedule
• Understanding and flexibility
• Talking to each other ahead of time about schedule changes
• Deferring to a co-parent for child care before calling the babysitter
• Attending parenting-related events (e.g., school functions) without tension

Keeping these tips in mind will help you move forward in a positive way that’s better for everyone involved, especially your kids.

Setting Clear Boundaries

Starting with clear boundaries will help you and your co-parent manage expectations moving forward. This step will require the development of excellent communication skills, but the effort will prove well worth it. 

Creating and Adhering to a Predetermined Schedule

As for creating and adhering to a schedule, it doesn’t need to be complicated. It does, however, require clearance from each co-parent to avoid scheduling conflicts. Learn more about how to create a custody calendar. 

Understanding and Flexibility

Let’s face it. Life happens.

While it might feel tempting to hold your co-parent to rigid standards when it comes to unforeseen circumstances, don’t. Remaining understanding and flexible now sets a great model for your kids to see. 

What’s more, you never know when something unexpected might come up in your schedule. Wouldn’t you like to be shown the same basic courtesy down the line?

Address Potential Schedule Conflicts as Soon as They Arise

Of course, wherever possible, you should look ahead and address potential schedule conflicts with as much advanced warning as possible. That way, nobody’s left scrambling at the last minute. 

Give Your Co-Parent First Right fo Refusal

Do you need a babysitter for an upcoming event? It’s generally considered good co-parenting etiquette to give your child’s other parent the first right of refusal before calling a babysitter. 

Find out more about the dos and don’ts of excellent communication after a divorce or breakup. 

Saying “Bye-Bye” to Tension

How do you know that co-parenting has reached a level of maturity and success? By your ability to attend the same events without tension so thick that you can cut it. 

NC Custody Laws

Unmarried people don’t have to navigate the legal difficulties associated with divorce. When children are involved, however, sorting out their custody often leads to family court involvement.

In situations where no father’s name appears on the birth certificate, the mother will enjoy primary legal and physical custody. That means she is responsible for all decisions and actions necessary for a child’s welfare, control, and care. 

To have his name added to a birth certificate, a father must prove paternity and then petition the court. Once this relationship gets established on paper, both parents become joint custody holders. Depending on the situation, though, there may still be many things to iron out in court. 

Understanding NC custody laws represents a first step towards the best outcome for your child. Are you a separated parent looking for tips on how to communicate more effectively with a co-parent? Or, maybe you want to become better organized for the well-being of your children?

We’re here to help. Subscribe to our 2houses app to keep everything from custody to child support payments in one central location. 

Research says that the difficulties of divorce are more easily managed when people show compassion and kindness to themselves.

One way to show yourself kindness is to inform and prepare yourself for some of the legal matters that arise during a divorce. If you have children, that means learning about custody and child support.

If you and your former spouse have decided to split custody of your children, then you need to know about shared custody child support. That means understanding how custody works, how child support is calculated, and who will be expected to make payments. 

Don’t make the common mistake of assuming you won’t receive child support or won’t have to pay it. Keep reading to learn more.

What Is Shared Custody?

Couples don’t enter into a marriage expecting it to end in divorce. And, although it’s been steadily declining since the 1980s, the divorce rate in the US still sits at 3.2 per 1,000 people.

Divorce is a complicated matter. It’s tough on the emotional states of both individuals involved. That’s even truer when there are children involved in the marriage.

When children are involved, matters are more complex. But there are laws to help you navigate these trying times. One of those laws has to do with custody.

Divorce courts try to create the best possible outcome for children and place their well-being in their top priority. Parents must decide on custody for any children under the age of 18.

There are two basic custody arrangements to choose from. These are sole physical custody and shared physical custody.

Sole custody is often misunderstood. The term makes it sounds like one parent takes care of the child or children while the other receives no time with them. But this is an incorrect assumption.

Instead, sole custody refers to a time arrangement where one parent spends the majority of time with the child/children. But the other parent still has visitation and parenting rights, although limited.

A shared custody arrangement is the more common arrangement these days. In a shared custody arrangement, parents share the responsibility of caring for children. Both parents have frequent contact with the children as they are moved between both homes.

When custody is being decided, the courts are most concerned with the best interests of the children. So while you may feel that sole custody is best, the court may decide otherwise. You should be prepared for the outcome of the court decision regardless of your own thoughts and feelings.

Legal Versus Physical Custody

There’s also a difference between legal and physical custody. This is important to know for the purposes of child support.

Legal custody is unrelated to child support. If you have legal custody over a child, it means that you’re the one making important decisions regarding raising the child. These decisions can include things like decisions about education, religion, and even healthcare.

Physical custody, on the other hand, is related to child support. This is because physical custody has to do with time spent with the child. This is where sole custody or joint custody comes into play: how the parents share time spent with the children has everything to do with how much child support is owed or paid.

What Is Child Support?

Child support is intended to ensure that a child or children enjoy the same quality of life before and after their parent’s divorce. It covers any and all expenses related to the raising of that child. Expenses include everything from clothing and food, to housing, health insurance, and education costs.

How much child support is paid by a parent is determined by the law and varies from state to state. While some states have specific guidelines to follow, the ultimate decision comes down to the judge in the divorce court.

In most states, child support is paid to the state. The state then gives that payment to the receiving parent.

This arrangement ensures that the state has a record of all the payments made or not made, making it easier for one parent to enforce payment in the case where payments are missed or never made.

Importantly, child support is the legal right of any child involved in a divorce. Parents cannot waive their obligation to take care of their children, regardless of the circumstances of the divorce. Children maintain this right until they’re legally considered an adult at the age of 18.

This is also the case where parents are unmarried. However, in child support cases with unmarried parents, it may be necessary to prove paternity before pursuing a case.

Shared Custody Child Support

In a typical sole physical custody arrangement, one parent pays child support to the other.

The parent who pays child support is referred to as the non-custodial payment. This is the parent who spends less time with the child. The custodial parent is the parent with sole custody, who spends the majority of the time caring for the child and therefore, takes on the primary financial responsibilities that come with raising a child.

Child support payments help the custodial parent pay for the day to day necessities like food, clothing, and shelter. But, as mentioned, they can also cover healthcare, education costs, and other large costs.

In a shared custody arrangement, it’s assumed that both parents share financial responsibility equally. Because the child spends almost equal time with both parents, each parent has to provide the necessities of life. This is why so many divorced parents believe that a shared custody arrangement doesn’t involve child support payments.

This is, however, not the case. In many cases, but not in all, shared custody still involves child support obligations.

You’re entitled to request child support if you feel it’s needed. In other cases, the court may order child support.

This might be the case in situations where there is a disparity in income. The courts recognize that it’s unfair to ask a parent who earns less than the other to share the burdens of financial responsibility equally. This could mean that, while in the care of the lesser-earning parent, the child isn’t enjoying the same quality of life they did prior to divorce – which is the entire intention behind custody and child support.

Factors for Calculating Child Support

While the laws will vary depending on what state you’re in, most cases of shared custody child support rest on two important factors. 

First, the court will consider financial resources. They’ll look at the finances of each parent, including the income they earn as well as any other asses. Second, the court will consider the amount of time that each parent spends with the child.

Let’s look at both of these factors in more detail.

Income Shares and Percentage of Income 

Most states use either an income shares model or a percentage of income model in determining child support obligations. Income Shares Model

In this model, the courts determine the cost of raising the child/children. They’ll calculate how much the parents would spend on the child/children if they were still together. These costs include everyday things like food, shelter, and clothing. 

But the courts also consider additional expenses. Additional expenses may include items like childcare, private education tuition costs, or extraordinary medical expenses.

Then, they divide that cost between both parents. They’ll factor in things like income as well as the custody arrangement.

When determining a parent’s income, the courts consider more than just income earned at a job. Of course, it includes wages, but it also includes any self-employed income, investment income, unemployment earnings, and even spousal support.  Percentage of Income

In this model, the courts use a percentage rate of a parent’s monthly earnings. Some states will have a flat rate that’s applied to all income levels, while others will vary the percentage rates according to how much income is made.

Parenting time

Income isn’t the only consideration when determining child support obligations. Another important factor in most states is parenting time.

To determine parenting time, many state courts look at the number of overnight stays the child has with each parent. Alternatively, some state courts may look at equivalent care.

Equivalent care excludes overnight stays from calculations. Instead, it refers to the time a child spends with one parent while still incurring expenses. If these times incur expenses equal to what the other parent pays during an overnight, it might be considered in child support figures.

All of these calculations can get rather complicated. Check the state rules where your divorce is being processed to help you determine what models are used there. Many court websites also have parenting time calculators to help you arrive at a relatively accurate figure.

Parent Income

Of course, the courts don’t expect that a parent who makes significantly less than the other should be equally responsible for child care financials. When there’s a difference in the income of both parents, the courts almost always take this into consideration for calculating child support. Again, this is in order to ensure that the child or children involved in the divorce enjoy the same standard of living as they would if their parents were still married.

It’s uncommon, but there are cases of shared custody arrangements where both parents share equal parenting time and have almost the same incomes.

In amicable divorces where parents can come to an agreement that no child support needs to be paid, then the courts might accept that agreement. But even if an agreement is made between the parents, the court can overturn that if it’s not seen to be in the best interest of the child or children.

Modifications

Change happens. It’s always possible that one parents income changes over time. And if that change is a drop in income due to a demotion or losing a job, it might be possible to change the child support arrangement put in place when the divorce first occurred.

If such a change should occur, you should check whether you can petition the court for a modification. Courts may grant either temporary or permanent modification to the paying parent in these cases. Changes in custody arrangements may also warrant a change in child support payments.

Exceptions

In some but not all states, judges are allowed to deviate from standard rules regarding custody and child support. In some states, that means that the court can waive child support formulas in cases where shared custody has been arranged between the parents. 

However, that’s not guaranteed. The courts are always acting on behalf of the child’s best interests. If they determine that it’s in their best interest to have a child support arrangement, they have the right to enforce that.

Make Divorce Easier

Divorce can be difficult for everybody involved. Through it all, your primary concern should be the health and well-being of the children involved. In the eyes of the law, they’re the most important component of deciding custody and child support arrangements, and every decision made is made with their best interest in mind.

In the best-case scenarios, parents can maintain an amicable relationship throughout their divorce and while making custody arrangements. But even in situations where parents split time and financial responsibility for their children, shared custody child support arrangements have to be discussed. Doing so takes consideration of parenting time as well as the income and assets of both parents.

After these sorts of arrangements have been decided in court, the real work starts. But you don’t have to go it alone – let us help you make divorce easier. Get started with 2houses here.

For most people, the first thing that comes to mind whenever they come across the phrase “family law” is divorce. Divorce, while a huge part of family law, is just one area of the said legal field.

Family law encompasses a wide range of matters covering anything and everything that pertains to family matters and domestic relations.

Along with divorce, child support, property division, and child custody are the most common areas of family law. Here’s an overview of what each area involves.

Divorce

Divorce is a legal decree that dissolves a marriage. Once a divorce becomes final, both parties will no longer be legally bound to each other. They can move on with their lives, free to remarry or forge a domestic partnership with another person.

Both parties can go for a “no-fault” divorce or a “fault-based” one.

Under no-fault divorce statutes, a spouse can file for divorce without holding the other spouse responsible for the marriage’s end. Loss of affection, irreconcilable differences, and irremediable breakdown are among the grounds for a no-fault divorce.

Fault-based divorce, meanwhile, can be obtained based on grounds that include domestic violence, adultery, drug and alcohol abuse, and abandonment.

Spouses file a fault-based divorce for a number of reasons. Some use a fault-based divorce to get the required waiting period for finalizing the divorce waived. Others do it to sway the court when it decides on subsequent child custody, child support, and alimony cases.

Child Custody

Divorce proceedings, as well as paternity and legitimation cases, typically tackle child custody matters.

When resolving child custody cases, courts in most jurisdictions rule based on the best interests of the child. The factors that determine what’s best for the child may vary from state to state, or from judge to judge. Generally, those factors include, but are not limited to:

The relationship of the child with both parents, siblings, and others who may have a significant effect on the child

The child’s preferences, as well as that of the parents

The overall physical and mental health of the child, parents, and other parties involved

Considering how stressful a child custody case can get, it is often better for all parties to resolve custody issues out-of-court. Such a settlement is possible if both parents come to an agreement that is in the best interest of the child.

Child Support

Divorce, paternity, and legitimation cases often give rise to child support issues. Child support revolves around the policy that both parents have an obligation to support their children.

In most cases, the mother is the custodial parent, while the non-custodial father is the one who pays child support. It’s not unheard of, however, for the roles to be reversed.

The guidelines that govern how much child support the non-custodial parent must pay may vary from state to state. Generally, the parent paying child support must continue to do so until:

The child is no longer a minor, except in cases when the child has special needs

Termination of parental rights through adoption or other legal processes

The child is emancipated or declared an adult by the court after becoming self-supporting

The child goes on active military service

Property division

Each party to a divorce owns 50% of community property, referring to all real and personal property acquired during the marriage. The law dictates that everything classified as community property must be divided equally between the two parties following their divorce.

Property division always begins by identifying all of the property that either party currently owns. To accomplish this, each person must disclose all property acquired before and during the marriage. Property owned before the marriage will be considered as separate property, and will not be subject to property division.

Family law matters can get very complex. Only a qualified and experienced family law attorney can guide you through its intricacies. So don’t hesitate to hire one should you find yourself dealing with divorce and legal matters that come with it.

 

Agreeing to End the Marriage

Benefits of Mutual Consent Divorce

Co-Parenting into the Future

Where to Go for Help