Today, most of the young married couples who are on the course of divorce merely think that with divorce they will rid all the miseries and unevenness they are facing in life but, Alas! They are greatly mistaken. Divorce just doesn’t end everything about a marriage, although it ends the legal contract between a husband and a wife but, it shatters the household that was based on that marriage. It also cannot break the relationship that the children of the marriage create merely by existing.
A marriage is a legal contract, and in general in every legal contract all the parties’ rights must be respected. When we talk about rights after divorce, it involves many aspects of divorce. And in United States it varies from state to state. Divorce rights principally imply each party’s right at the time of divorce. There has been a significant change in divorce rights throughout the history and we still find these rights unstable today. For every divorcing couple, to better understand and maximize their divorce rights, they must take assistance of a trained professional family law attorney. Looking for divorce support near me? Then, these experts can guide in a better way and let you be aware of your divorce rights that are according to your specific circumstances and the laws that govern divorce in their state of residence.
Some of the commonly identified divorce rights involve distribution of property, child custody, child support, alimony (spousal support), and child visitation. Distribution of Property: when entering into a divorce, diversion of property is a great concern of both the couples. If they both were able to reach to a settlement, ok, else the court shall decide the distribution of the property. This distribution is generally based on either community property or equitable distribution. These statuary schemes may differ from state to state.
Under community property law (which is observed in few states) the marital property is divided equally as both the spouses are taken equal contributors. According to this law distribution doesn’t imply to some of the property that is gifted, inheritance granted, purchased before marriage, and/or property that is excluded by prenuptial agreement. Equitable distribution law is comparatively more common. The term doesn’t mean equal but the fair distribution. This law allows courts more flexibility in fine-tuning property distribution to consider and take care of individual cases.
Child Custody is the most controversial aspect of divorce cases today. No parent has got the right to pawn child in divorce proceedings and negotiate over the issue if both the parents are equally likely to acquire the custody. Only the court has got the jurisdiction to decide over this issue. Child custody rights are awarded based on the best interests of the children involved. Child custody rights and responsibilities point out who will have legal and physical custody of the child. Child support payments will also be determined where applicable in child custody rights cases. Child custody may be legal or physical. The later one seems perfect but, has serious drawbacks as well.