When a couple, either separately or collectively, make a decision to file for divorce, there exist many subsequent implications and consequences, both emotional and legal. These issues are both heightened if the marriage produced a child.
As a result, the individual opinions and sentiments of the parents involved must fall to the wayside in order to serve the best interest of the child. If the parents in question have maintained an amicable and respectful relationship, oftentimes they may be able to structure a parenting plan that is tailored to provide their child with the most stable, healthy, and structured lifestyle possible.
However, in certain cases, the parents in question are involved in a hostile relationship. Not only is this hostility antithetical for the brevity of the custodial process, but also for the well-being of their children. In cases like this, parents must resign the decision regarding the establishment of a parenting plan to a court ruling.
After a parenting plan has been established, and custody has been awarded, both parents involved must adhere to rules and guidelines set forth in the custodial settlement. In the event that a parent has been awarded sole custody , whether it be legal, physical, or both, the non-custodial parent is responsible to give the custodial parent funding in order to assist the raising of the child. Although a child support plan can be established solely between the two parents, many times, especially in the case of a hostile relationship, a court will mandate the terms of child support payments.
Child support payments can be used to fund countless endeavors, such as college tuition, health care, or any other various activities. In the event that a parent retains sole legal custody over a child, they are entitled to determine how the money is disbursed within the life of the child in question. Yet, other parameters can be set in the allotment of monies paid for child support.
In the First Amendment to the Constitution, religious freedom is granted to every citizen of the United States. Many historians contend that the establishment of this amendment was a means to prevent the United States from become a theocracy, rather than a democracy.
As a result of the democratic government, under which the United States are ruled, legislation, not religious doctrine or factions, are responsible for both the creation, as well as the enforcement of laws. When a married couple chooses to terminate their marriage, they must file for divorce in a legally recognized court. However, those couples who choose to live their lives according to Catholic Canon may choose to file for a church sanctioned divorce, as well
During a child custody settlement, should the presence of a certain parent cause chaos, emotional trauma, or risk in a child’s life, the family court retains the right to either prevent or limit that parent’s presence in the life of a child. However, if the courthostile environment, oftentimes a court ruling will be the only means to establishing a custodial arrangement. However, once a custodial arrangement is set forth, it is very difficult to alter unless there exists pressing circumstances.
The act of terminating a marriage can present emotionally-charged sentiments in which each divorcee might find themselves in the midst of turmoil. Although the decision to file for divorce may be a difficult one rife with sentimental, emotional, and challenging properties, should both members of the couple agree to go through with a divorce settlement, that is usually an indication that the correct decision was made.
However, if a couple can neither agree on their respective recollection of past events that led to the divorce, nor a fair and even disbursement of collective property, court hearings are necessary. As a result, methodology have been established in various fields of common law in order to pass judgement over the couple in question, providing them with the most brief and painless process possible. Mediation by an objective third-party is a viable option to explore in the event that the the couple can no longer communicate in a healthy, respectful manner.
In the event that a prenuptial agreement was not signed, or a previously-arranged monetary agreement was established, the wealthier individual in a divorced couple may be required to reimburse the other individual in the event of a divorce settlement. Akin to a child support settlement, certain terms and agreements can be instituted, which provide for a framework of payment options and details, both privately established or through litigation. Once alimony is established, there exist multiple types of alimony payments, ranging from short-term to long-term.
Other types of alimony differ in nature, sometimes commensurate on the length of the marriage, and other times in retribution to certain events that took place within the scope of the marriage. Even the duration of the alimony payment is taken into consideration, ranging from a temporary to permanent status. Although no alimony settlement in set in stone, modifications to the settlement itself are often very complicated, and usually result in subsequent court hearings.
If you need legal advice and assistance, contact divorce lawyers.