Child Custody and Visitation

Child custody has always been a tough issue. Parents cherish nothing as much as their children, and divorce typically highlights that fact. Divorce lawyers wish to avoid animosity between parties in these cases, and simply to acquire an outcome that is best for the children. Unfortunately, what is best for the children can often be unclear and may result in disputes between each spouse. Divorce lawyers are present to assure the proceedings run smoothly and, when they do not, to assure clients are well represented so as to avoid unwelcome outcomes.

The United States generally follows “what is best for the children” as a rule of thumb in determining child custody payments in a divorce, which typically translates to involvement by each parent. However, these rules differ by state. While some states presume joint custody, others do not. Furthermore, some states presume the mother is the sole custodian if parents are not married, while others require the mother to file for sole custody even if the father is absent. If both parents are mentally stable and do not have a history of abusive behaviour, the court may attempt to create custody terms that involve each parent equally. Shared custody terms have become increasingly common in the past thirty years, while sole custody has been steadily decreasing.

There are a few main facts that will be considered in making custody decisions, among which include:

  • Previous agreements made between parents
  • History of abuse, instability and drug/alcohol addiction
  • Mental and physical health of each parent
  • Support and interaction with extended family in custody of either parent
  • Adjustment to school and community
  • Age and sex of the child
  • Environmental suitability of each parent’s living arrangement to house the child

These are a few of the factors that will be used to determine the custody arrangement in your case. For cases in which sole custody deals have been made by agreement or sole custody has been granted because the other parent has been deemed unsuitable, visitation terms may be sought. If the parent in question has been abusive in the past, visits will likely need to be supervised. For further information, consult with a divorce lawyer in your area.

 

Property Division

 

Divorce lawyers have represented countless clients in pursuit of divorce since the 19th century, and often find that property division can be a tedious, taxing, and drawn-out process. Many divorcees do not end up with everything they had intended to receive upon the settlement, and the bidding can be worsened by friction between the two parties.

The state you reside in is an important factor concerning the outcome of your divorce. There are two types of states when it comes to property division in a divorce: community property and equitable distribution. Community property is simple. It consists of a 50/50 split of all property acquired during the marriage. It does make the process easier, but can also lead to outcomes that are unfair — some spouses who receive half of the property may be undeserving. Ten states currently use the community property system: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin. All other states base the division on equitable distribution, which attempts to dish out property according to what each party deserves.

Which property is considered marital property and which is not may surprise you. For simplicity’s sake, it is easier to point out which property is not marital, which consists of three categories:

  1. Property owned before the marriage
  2. Property given as a gift to one spouse
  3. Property inherited by one spouse

Any property that is not included in any of these three categories can safely be considered marital (although there are exceptions). Stocks and bonds, retirement accounts, IRAs, physical assets, frequent flier miles, and even the increase in the value of sole-proprietorship business ventures owned by a spouse prior to the marriage are considered marital property.

In community property states, the marital property will be divided and split in such a way that the monetary value of all property and debt is approximately 50%. For equitable distribution states, the process is more complicated. There are a few considerations to make that will determine which property you have a right to.

  • Income and property brought into the marriage by each spouse
  • Length of the marriage
  • Contributions of each spouse to the education, training, and earning power of the other spouse.
  • The income and earning potential of each spouse.

These are simply a few of the many considerations.

Divorce is hard, and property division is a stressful endeavor. We hope you will find comfort in the fact that, no matter how a jurisdiction chooses to split property, the intention is fairness. For further information, consult with a divorce lawyer in your area.