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Factors after a Divorce

12th May 2010
By amnorge in Divorce
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There are many factors that come into divorce proceedings, and many areas where decisions have to be made, either by the former couple themselves or in the courtroom. Possessions must be sold or divided and decisions need to be made regarding children and other factors.

Often the most financially valuable factor is property the couple may have shared. If they were renting this will be easier, as they will usually simply move out, or one or the other will move out. If one stays living in the home there could still be a dispute if they would both like to stay there, but it is still simpler than if they own the property. There are two options regarding owned property; it can be sold and the money made can be split (either equally or not, depending on circumstances), or one of the couple can remain in the home with the other moving elsewhere. Again who stays and who goes could be an area of disagreement as could financial agreements regarding this. The person who stays may have to buy out the other party, or it might just be part of the terms of the divorce.

Any savings a couple shared will have to be sorted out prior to a divorce. Inevitably there are often disputes as to how it should be split; should it be split down the middle or should one person be entitled to more than the other? As with property this can come down to many factors. If one person gave up a career when the couple married, then (s)he may be entitled to more, as the working person will have the ability to earn more after the divorce. As well as property and savings, any other assets will need to be divided or sold.

Divorce proceedings are most complex if children are involved. Some former couples will agree that the children should stay with one parent or the other in the best interests of the children. One reason could be that one parent is working and one is not, so the non-working parent has more time to dedicate to their upbringing. This can though, be a major issue if both parents are fighting for custody. It is not only custody battles that can be complex, visitation rights for the parent the children do not live with can be contested just as much. When decided in court, decisions regarding children will be based on what is best for them, but not everybody will agree on what that is. Money is a factor, with the parent living away from the children often paying maintenance to the other parent to help them bring up the children. This will depend on the earnings of each parent. For older children, their own preference may be considered.

Andrew Marshall (c)
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