Divorce & Separation
Divorce is a difficult situation for the parties involved. Aside from hurt feelings and the destruction of a relationship, the painful issues of asset division and custody battles can also arise.
The terms "divorce" and "separation" are often incorrectly used interchangeably. A separation is when marriage partners sever their relationship with the intent of ending the marriage. Separation does not have much legal effect in and of itself. Conversely, in a divorce, the court actually orders the termination of the marriage, thus permitting individuals to legally remarry.
A contested divorce is one in which the husband and wife cannot come to an agreement on one or several issues related to the termination of their marriage. Where the partners cannot come to an agreement, even with the aid of their respective counsels, the couple must then take their issue(s) to a court to be decided.
Contested divorces are a common scenario, given that there are numerous issues to be worked out between a couple that has decided to break their union. Some of these issues are sensitive subjects such as: custody of children and child support, division of assets and property, allocation of debts, and alimony.
An uncontested divorce is usually the preferred situation for the parties involved. The process is more time efficient and much less costly than litigation.
A divorce is uncontested when the partners seeking to terminate their marriage agree on each and every item and issue related to the ending of their marriage. This does not necessarily mean that the divorce is amicable, but merely that all disputes between husband and wife were resolved outside of the courtroom.
Who will get custody of our child?
You and your spouse can decide which of you will have custody of your children. In almost all cases, the non-custodial parent will be awarded a period of visitation with the child.
Typically, the parents of the child are awarded custody. However, the law provides for custody by grandparents and other third parties when circumstances warrant such an arrangement.
When will child custody be decided?
In a divorce case, child custody will be decided when the divorce is granted. The determination will either be by agreement of the parties or by the court upon evidence submitted at trial.
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