Some Standard Things You Need To Know About Divorce
Going through a divorce can be stressful, since there are so many unknowns. However, in many cases the divorce agreement will end up being pretty standard. A lot of people think that their situation is so unique, and of course every person and marriage is unique and personal, but when it comes to the law, there are very few things that will happen that will change your divorce agreement. Here are some things you should expect when you divorce.
1. Depending On What State You Live In, Everything Could Be 50-50
There are some states that are called community property divorce states. This means that everything that was earned and acquired during the marriage is joint property. This means that when you split it, you will have to split it down the middle.
For example, if one spouse worked outside the home and the other one stayed home and cared for the kids, they would both get equal claim to all the money. Even though one person actually made the money, the person who stayed at home to raise the children still "earned" the money as well. This even applies to pensions and retirement. The stay-at-home parent gave up earning an income to raise the family, and in so doing they helped earn the retirement and the pension. Thus, in the end, both of the partners would have 50-50 claim to it.
This also applies to property that was acquired while the couple was married, any assets they might have bought, and much more. Thus, you should expect the estate to be split down the middle.
2. The Parent Who Doesn't Have Physical Custody Will Pay Child Support
Second, in many cases, both parents have custody of the children. But, one parent might have the primary physical custody. This means that the children are with this parent more than the other parent. So long as it is not truly equal in time spent caring for the children, the one who has the physical custody and who cares for the children more will be entitled to child support. The amount of child support will depend on the difference in time that is spent with the children and the children's needs. If there is one child, it will be far different than if there are 5. But either way, you should expect one parent to pay some child support.
These are just a couple things you need to know about divorce. Contact a family law attorney for additional information.
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