When a married couple with children seeks to end a marriage, the divorce impacts the entire family on both a legal and emotional level, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Finding yourself in this position, you need to understand the basic elements associated with divorce and its overall impact on your family.
Considerations
The underlying considerations associated with family and divorce law include judicial procedures that work to protect the interests of all members of a family despite the relationship of the parents. For example, one of the ultimate goals is to maintain the financial status quo of the parents and the children in the aftermath of a marriage dissolution or similar type of case.
Parenting Plan
A major element of family and divorce law arises out of the development of what is called a parenting plan in most states, according to the American Bar Association Section of Family Law. A parenting plan is negotiated between the parties to a divorce, legal separation or similar type of proceeding or established by court order. A parenting plan consists of custody determinations, child support and the visitation schedule for the non-custodial parent.
Financial Matters
A major element of family and divorce law deals with financial matters, according to Sember. Different standards exist regarding financial matters depending where you reside. Some states utilize a community property standard, which means spouses in divorce and related proceedings divide marital assets evenly. Most states use an equitable division of property standard, which requires property to be divided between spouses in a fair manned. Fairness is determined on the facts of a particular case.
Misconceptions
A common misconception is that family and divorce laws vary drastically from one state to another. In fact, the basic elements of family and divorce laws vary only slightly from one jurisdiction to another in the United States. For example, parents involved in a family law proceeding, including a divorce case, enjoy essentially the same rights no matter where they reside.
Expert Assistance
In seeking more detailed information about family and divorce law, the most reliable resource is an experienced attorney. The American Bar Association provides resources designed to assist you in finding an experienced to explain the principles of family and divorce law to you. In addition, a lawyer is able to protect your rights and interests in a divorce or other type of family law case.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
