Questions If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent's chances of getting custody at a later date? Are courts more likely to award custody to mothers than to fathers? Does custody always go to just one parent? Are there special issues if a gay or
Dealing with child custody and visitation can be the most difficult aspect of getting divorced, particularly if one parent wants sole legal custody of the child. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. Physical custody means the right to have the child live with you.
Questions How do courts calculate child support? Will the court consider high living expenses such as loan payments and income taxes when determining one's ability to pay child support? Can the court base its child support order on what I am able to earn, as opposed to what I'm actually earning? I think
Even if you think that you and your soon-to-be ex-spouse could never agree on anything, when you consider the financial and emotional costs of a contested divorce, you might want to give divorce mediation a try. You are most likely to have a successful mediation experience if your decision to divorce was mutual, you and your spouse can control your tempers, you want to stay on good terms, and physical or drug abuse is not an issue in your relationship.
Divorce courts operate on the same basic rules used by the courts that deal with other disputes (like car accidents and property disputes). Unfortunately, these rules do not always work well in dealing with disputes that arise in the process of ending a marriage. Fortunately, there are other options, such as mediation and collaborative divorce. However, if your spouse is uncommunicative, unavailable, or has hired a combative lawyer, you may be better off in court.
Divorcing spouses may have different points of view on issues like property division, custody, or support. But this doesn't mean that they have an actual dispute that has to be resolved by a third party. They may simply need help making the decisions together. Collaborative law can be a great way for divorcing spouses to each get help from a lawyer, with the goal of negotiating a settlement that will work for everyone.
Questions What is a "fault" divorce? Can a spouse successfully prevent a court from granting a divorce? Do I have to live in a state to get a divorce there? Can an out-of-state divorce be enforced? What is a "no fault" divorce? What is a "fault" divorce? A fault divorce may be granted when the required
Why are some divorces sensible and others catastrophic? The answer often depends on how much you rely on courts and lawyers to resolve divorce issues. The less you use the court, the less cost and heartache for everyone. But how do you avoid going the litigation route?
If you're facing a divorce, you'll have to face reality: Alimony is a living, breathing part of the American divorce system, and if you earn substantially more money than a spouse to whom you have been married for several years, there is a good chance you will be ordered to pay some alimony.