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Divorce is the legal procedure by which a marriage or marital union is legally ended. It can be an emotionally challenging time for couples involved and often results in financial strain.

Divorce usually arises as a result of irreconcilable differences between the parties. In other cases, marriages become no longer viable due to factors such as child birth or the passing away of one spouse.

Termination of a marriage or marital union

Divorce is a legal procedure that dissolves a marriage or marital union. It typically takes the form of a court order that releases all legal duties and responsibilities associated with marriage.

In a divorce case, the parties often settle the issues before the judge makes a final ruling; however, if these cannot be agreed upon, a judge will ultimately make the determination.

In certain states, couples may be granted a limited divorce or conversion divorce that ends their right to cohabitate but does not dissolve the marriage. While these types of divorces are less frequent in America than standard divorces, they remain available.

Some religions have specific guidelines regarding divorce and annulment, requiring people to seek permission from religious leaders before seeking legal separation. These procedures, however, are distinct from traditional divorce processes and may not correspond exactly with how marriage is legally defined.

Due to marriage being a civil rights issue, states typically have the power to reasonably regulate it. This includes deciding who is allowed to marry and how marriages should be dissolved.

Divorces are generally legal under most state laws, though some require a “cooling-off period” after legally separating before you can obtain your divorce decree. This period serves to guarantee that any divorce serves public policy objectives.

Divorce can be an emotionally charged and challenging experience. If you and your spouse are having difficulty settling the issues, consulting an attorney about your legal options could be beneficial.

Division of property

When divorcing, it’s essential to know your state’s laws regarding property division. Many states employ a community property approach, meaning all assets acquired during marriage are considered equally owned by both spouses. In these jurisdictions, property division is handled by a judge rather than you or your spouse.

However, you can take steps to safeguard your interests during the property division process. For instance, hiring a divorce lawyer can assist in navigating the legal aspects of your case.

Your attorney can assist in deciding the most equitable division of assets. Furthermore, you and your lawyer can collaborate to craft a property settlement agreement that will serve as your guide during the divorce proceedings.

Calculating how much you must share with your former spouse requires taking stock of all assets you own – such as your home, cars and other possessions. Once these have been assessed, determine how much equity there is left for each of you to share.

Start by creating a list of your most valuable possessions and attempt to come up with an equitable shared amount for each item. While this can be an intense process, it’s necessary in order to reach a fair and reasonable resolution.

Judges usually consider several factors when dividing assets between spouses. These include your income, the value of your property and each spouse’s contribution towards earning capacity.

In many cases, courts will award one spouse a portion of an asset. This can be the quickest and most straightforward way to ensure you and your former spouse reach an equitable and reasonable settlement.

Child custody

Child custody during a divorce is an essential issue and should always be handled in the best interests of the child. When making its decision, the court should take all relevant factors into account and may often request assistance from a child custody evaluation before trial to help it make that determination.

In most states, joint custody is the default option. Under this arrangement, both parents share responsibility for making decisions regarding their child’s healthcare, education and religion. In rare instances, however, courts may grant sole physical custody to one parent.

If a parent is granted sole physical custody of their child, they will have primary responsibility for raising that individual and also have visitation rights with the child.

Courts sometimes grant non-custodial parents the right to request supervised visitation if there is reason to believe the child would be put at risk if left alone with the custodial parent. Although this scenario rarely arises, if it does, then the court can order supervised visitation for them as well.

Before your divorce, it is wise to create a visitation schedule for each parent with the judge. This should include an established time when each parent will exchange the child with the other.

Finally, it’s wise to hire an attorney for representation during your divorce and child custody proceedings. A knowledgeable attorney can be a great asset in courtroom battles and ensure all rights are upheld.

It is essential to remember that divorce can be an emotionally charged process, particularly when children are involved. Try your best not to become too frustrated with the court and its decisions so you can focus on your child’s wellbeing instead.

Child support

Under divorce law, child support must be paid from the non-custodial parent to the custodial parent in order for children to enjoy a minimum standard of living. The amount awarded depends on various factors including the needs of the children and incomes for both parties.

In order to determine an equitable level of child support, each parent must submit a financial statement signed under penalty of perjury. This statement must be complete and accurate, detailing all income, property holdings and debts of both parties.

Calculating child support: the first method takes a percentage of the non-custodial parent’s income and allocates that to each child’s needs; the second takes both parents’ combined incomes and uses that along with the percentage amount to determine an initial level of support for each child.

Once a child turns 18 (or 21 for non-emancipated children) and becomes economically independent, their support obligation ends. However, if circumstances have significantly changed so that the amount previously ordered cannot be maintained, you may request modification.

The initial step in filing for a modification is to gather all of your financial records, such as pay stubs, tax returns and any other relevant info. Doing this will enable you to make an informed decision about whether to apply.

Additionally, you must demonstrate that your income has significantly changed and explain the cause for the adjustment. If unsure how to proceed, contact an experienced family lawyer who can explain all available options and work towards finding a resolution that benefits both you and your children.

Alimony

When you and your spouse reach an agreement on spousal support, that amount is typically included in the final divorce judgment or other court order. If you believe your ex-spouse is not abiding by the alimony order, then you have the option to return to court and request that they enforce it.

Most states allow judges to consider various factors when calculating spousal support, including each party’s ability to earn income; their age and health; how long they were married for; contributions during the marriage; and needs. But most states also grant judges considerable discretion in deciding how much and for how long alimony should be paid.

If you and your spouse cannot agree on a spousal support amount, mediation could be the solution. Mediation is a negotiation process usually conducted outside of court that can help reach an amicable resolution in your case.

Alimony, as defined by divorce law, is usually temporary and intended to provide financial support until the recipient spouse achieves self-sufficiency. Unlike child support which may increase periodically depending on cost-of-living increases, permanent spousal support stays constant from year to year.

Some states, such as Georgia and North Carolina, consider adultery, abandonment, or marital misconduct to be grounds for denying alimony. If you have questions about your eligibility for alimony, it’s essential that you speak with an experienced family law attorney for guidance.

Alimony in New York is determined by a noncompulsory advisory schedule. Courts begin by considering how long a couple had been married, their earning capacity, age and other aspects of the marriage such as whether one spouse gave up their career to care for another or how often each party traveled.