Divorce and Family Law
Marriage is one of the most enjoyable life institutions. Entering into a marriage is often exciting and instills a sense of satisfaction coupled with hope in the individuals who are getting married. But, marriage does not last forever. Unfortunately, marriage breakups take place on a frequent basis. As a matter of fact, the number of divorce cases in the US alone has soared to a significant extent. The subject of divorce is something which is taken seriously based on the impact that it has on the lives of the couples involved, their relatives and the children of matrimonial house. Based on this, the need to resolve all matters related to divorce amicably cannot be overstressed. According to US Family/Divorce Law, divorce is defined as the legal process in which the courts of law declares a marriage as null and void. In general, the US laws on immigration vary from state to state. Nonetheless, there are certain common elements that exist between the laws.
Common features of divorce laws in the US
US divorce laws exhibit a number of differences depending on the state involved. But, they always incorporate a number of features which are common to each of the state divorce laws across the United States. Some of the major features of the US family/divorce law which are common to almost all state divorce laws are highlighted below:
Interests of the children are considered; irrespective of the state divorce law involved, the interests of the children are always taken into account. The court is actively involved in dealing with the welfare of the children whose parents have called off their marriage. Although some differences in the manner in which the courts handle the affairs related to the children whose parents have called off their marriage vary from state to state, all state divorce laws ensure the wellbeing of the children is addressed in full. If necessary, the courts may go as far as ordering one of the spouses to relinquish assets in a bid to support the children. The Federal welfare reform which was created in 1980 incorporated the guidelines for all the states of the country.
Interests of the spouses considered; the interests of the spouses are always taken into account irrespective of the state divorce law involved. The courts often give preference to spouses that are not privileged. In most cases, the women are given preference since they often end up with the children that had been in the custody of the couple prior to their divorce. But, cases where the husband ends up being in left with the kids following a divorce have also been reported, although this is quite rare. The courts always ensure that they meet the interests of both parties in a fair manner.
Division of debt; it is in the best interest of the courts of law to accurately ascertain who is to bear a certain amount of debt and why. The courts of law are tasked to evaluate such issues using a variety of tools including external help from professionals. One of the spouses may have to pay more debt depending on a number of factors as determined by the courts of law. In most cases, the spouse who is in the custody of the children will not be required to settle a huge fraction of the outstanding debts or may not be required to pay debt. This applies to all states across the United States.
Distribution of property; the courts of law are also responsible for the distribution of property between the parties involved. The parties of interest are mainly the children, the guardians and the spouses involved. Courts of law often determine the distribution of property based on which of the involved parties is the most vulnerable. In most cases, preference is given to the children if the couple had any prior to their divorce. More preference is also awarded to the guardian who is to remain in custody of the children. The guardian may be the biological parent to the children or may not. In case the couple had a retirement account, the court will evalauate the state of the account and provide guidelines on the distribution of the funds associated with the accounts.