No one enters a marriage expecting it to end in divorce. However, the sad reality is that approximately 40% of all marriages in the United Statesend in divorce. While there are many reasons why a marriage may fail, some underlying legal factors can contribute to the dissolution of a marriage. Here are five laws that can play a role in divorce.
Child Custody Laws
Child custody laws vary from state to state, but they all aim to do one thing: protect the child’s best interests. In many cases, custody is awarded to the parent who can provide the child with the best physical and emotional environment. However, the court may grant joint custody if both parents can provide a stable home for the child. Here are things you can do to help you achieve that:
Organization
First, you need to be organized. Those not organized with their finances, schedules, and communication may not be seen as fit to have custody of the child.
Communication
In addition, communicating effectively with your ex-spouse is crucial in joint custody arrangements. This includes compromise and working together for the child’s benefit.
Education
Educating about child custody laws can also help ensure you do what is best for your child. Understanding your legal rights and options and how custody decisions are typically made in your state is essential.
Child custody can be messy. That’s why professionals are here to help you out. An experienced child custody attorney can help guide you along the way. They can also help you win the court. Getting professional help can make a difference, especially regarding child custody.
Alimony Laws
Alimony, or spousal support, is money one spouse pays the other after a divorce. The purpose of alimony is to allow the receiving spouse to maintain the same standard of living they enjoyed during the marriage. Alimony payments can be temporary or permanent, usually paid until the receiving spouse remarries or becomes self-supporting. Here are a couple of things you need to know about alimony:
Calculations
Alimony is not just awarded willy-nilly. Instead, the court considers several factors, such as the length of the marriage, each spouse’s income and earning potential, and whether one spouse stayed home to care for children or handle household duties.
Modifications
Like child custody arrangements, the court can also modify alimony if circumstances change, such as the receiving spouse remarried or losing their job. Therefore, it’s important to keep documentation of any changes that may affect your alimony arrangement.
Property Division Laws
In every state, property acquired during a marriage is considered marital property and is subject to division in a divorce. Marital property includes everything from homes and cars to investments and retirement accounts. Each state has laws for how marital property should be divided, but generally, it is split evenly between spouses. However, there are some situations when properties aren’t distributed properly. Here are some of those situations:
Hidden Assets
Some spouses may try to hide assets, such as bank accounts or real estate, to keep them out of the property division process. However, this can be tricky to uncover, so hiring a skilled and experienced attorney who can help track down any hidden assets is essential.
Premarital Assets
Another potential issue is the division of premarital assets or properties owned before the marriage. These may not necessarily be divided in a divorce, but they can become mingled with the marital property if they are co-mingled during the marriage. Therefore, tracking which properties are separate and which are married is essential.
Debt Division Laws
Similar to property division laws, debt division laws vary from state to state. However, most states consider debt incurred during a marriage to be marital debt and will divide it evenly between spouses in a divorce. This includes things like credit card debt, student loans, and mortgages. Debt division is often a contentious issue in a divorce, so it’s essential to understand the laws and how they may affect you. You don’t want to end up with more debt than you can handle.
Child Support Laws
Child support laws ensure that both parents are financially responsible for their children even after a divorce. The amount of child support one parent pays is typically based on their income and the number of children they have. In some cases, child support payments may continue until the child reaches adulthood or graduates from college.
Divorce is never an easy decision, but sometimes it is necessary. If you find yourself in this situation, it is essential to understand some of the underlying legal factors contributing to divorce so you can be prepared for what lies ahead.
