Family Law and Divorce Law
A divorce formally dissolves a legal union (marriage) between two
parties. When a divorce occurs this is usually considered a lawsuit and is filed
by one spouse against another; usually a divorce occurs when the two parties
can’t agree on how to handle the separation on their own. The divorce
proceedings will have a judge as the final arbitrator on how to deal with asset
division, alimony payments along with child custody, support payments and
visitation rights. Generally divorces are filed because of stated
incompatibility; this is a term that’s used to describe all breakups.
A marriage agreement is similar to joint venture agreement in
business, where property and all assets are to be divided unless a prenuptial
agreement has been in place prior to the marriage. Divorce proceedings will deal
with division of assets as well as liabilities. Alimony payments will depend on
the length of time of the marriage, the ability for the spouse to maintain a
similar life style after the separation. Custody of children along with
visitation rights and support payments will be determined by the Judge. The
Judge in the divorce case will take into account many factors when he makes his
decision such as health of the individuals involved, their age, their employment
etc…
Divorce Agreements generally settle the following issues:
1. Asset (properties, jewelry, monetary) and liability division
2. Alimony payments so the spouse can continue living a similar
lifestyle
3. Custody rights, child support payments and visitation rights
Some states include a cooling off period where a divorce after a
divorce has been filed to see if the two parties can reconcile. Usually the
courts will also have a final Judgment day after this waiting date if
reconciliation is not possible the divorce occurs and each party can legally
remarry.
Marriage and divorce laws are usually governed by the state, and
each state will have different divorce laws, generally in most states assets
accumulated during the marriage are considered community property unless there’s
a prenuptial agreement in place.
Disclaimer: the information on this site is not to be considered
legal advice or advice for your situation and is not intended to replace legal
representation.