Divorce Law

Divorce Law covers all aspects of ending the marital union of two people such as granting of divorce, alimony and custody, child visitation rights and separating finances and property.  Divorce Law relating to property and finances are relatively clear cut if a prenuptial agreement was created prior to marriage.

However without a prenuptial agreement property and other assets may need to be sold in order to divide the proceeds between the two parties. Some courts award equal shares in all assets held and others may give one spouse more than the other. As you can see Divorce Law can get tricky and really needs to be evaluated on a case by case basis in light of factors such as the length of marriage, contribution towards assets and conduct during marriage.

A lawyer that specializes in Divorce Law will assist clients by mediating negotiations, valuing assets and guiding them through the process of legal seperation. If children are involved then the negotiation will include child custody and visitation rights.  Divorce Law tries to protect the rights and interests of the children and therefore tries to work out a parenting schedule that lets them spend time with both parents. If it can be proven that one parent is unfit to care for the child or children the care may be granted to a sole parent.

Divorce Law also covers alimony payments. So what is alimony law? Alimony is court ordered support to be paid from one spouse to another. It may be paid whether or not there are children to care for. Alimony is paid for a predetermined length of time, until the death of one spouse or until the remarriage of the spouse receiving the payment. Alimony payments are taxable for the receiver and tax deductible for the paying spouse. Alimony payments are rare.

A lot more common these days is child support payments. Divorce Law dictates that child support payments continue until the child is able to support themselves. In many states this is deemed as being once they reach the age of 18 and in some states it is not until the age of 23. Each state has its own version child support Divorce Law.