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Divorce Guide |
Legal Divorce RightsDistribution of property – Distribution of property is matter of great concern for the parting couple, especially if the couple has acquired huge property during the time of the marriage. While dividing the property the first thing that is considered is whether the property is marital property or a separate property owned by either of the spouse before marriage. Marital property is those properties that were acquired by the couple during the tie of the marriage or with the earning that was accumulated during that period. Different states in United States follow different methods for dividing the property among the spouses. Some states follow the common law property where the property rights are given to the person in whose name the property is registered. Some states follow the community property law where all the properties are considered as the community property and divided equally amongst the spouses. The other law that is followed for dividing the properties is the equitable distribution where the properties are distributed equally as directed by the local family court. Distribution of debts – Distributing of debts is done on the basis of the fact when the debts were incurred. If the debs were incurred during the time of the marriage the liability to repay the debts lies with both the spouses. For the debts that were incurred personally by either of the spouses before the marriage the debts needs to be recovered by that person. Besides the earning capacity, net income of the spouses are also considered by the court while dividing the debts. Spousal support – Spousal support of alimony is one of the most crucial legal divorce rights that are most contested issue in the divorce litigation. The spousal support is generally awarded by the court to the spouse who earns less and the support needs to be paid by the higher earning spouse. The spousal support can be of different types, it can be on temporary basis that is given for a period of time as specified by the court in the order. The other form of spousal support is the permanent alimony where the alimony needs to be paid till the death of the payer of the alimony or till the recipient of the alimony gets married or starts to stay with his or her partner. The court can also order to pay the pendente lite alimony that is paid by one spouse to the other during the time of the divorce litigation. The alimony can also be paid as a lump sum amount at that time. Custody and child support – Custody of the children is one of legal divorce rights of the spouses. While giving the custody of the children, the court primarily looks for the best interest of the child and the custody is given to the parent who can provide best care to the child. The non custodian parent needs to pay the child support for the food, shelter and education of the child.
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