1 / 19

Separation, Divorce and Custody

Separation, Divorce and Custody. Marriage Problems. Conflicts with in-laws Job and career pressures Adultery Conflicts over children Communication Alcohol/Substance abuse Money problems Loss of shared goals. Help for troubled marriages.

damien
Download Presentation

Separation, Divorce and Custody

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Separation, Divorce and Custody

  2. Marriage Problems Conflicts with in-laws Job and career pressures Adultery Conflicts over children Communication Alcohol/Substance abuse Money problems Loss of shared goals

  3. Help for troubled marriages American Association for Marriage and Family Therapist-professionally qualified in family/marriage problem resolution Clergy Friends

  4. Separation and Divorce Separation-live apart, couple remain legally married Divorce-a court order that legally ends a valid marriage. If finalized, may remarry.

  5. Separation Most states require a separation period prior to having a final divorce Still have legal and financial responsibilities to each other/children Separation Agreement-written document that sets out the couple’s agreed upon terms for custody, visitation, property etc.

  6. Separation Agreement Once signed is a legally enforceable contract Does not have to be approved by a court action

  7. Divorce More than 1 million each year Second half of 20th century rate doubled ½ of all marriages end in divorce Divorce-process by which a couple legally ends their marriage and divide up their property

  8. Divorce Expensive financially and emotionally Judges often mandate mediation-neutral third party Not always necessary to have an attorney Pro se(do it yourself) If children or substantial property is involved you need to have an attorney

  9. Collaborative divorce Uses informal discussions and conferences by attorneys and couples. Lawyers withdraw from case if one party decides to contest it in court. At fault divorce-one party must prove that other party has committed a wrong

  10. At Fault Divorce • Grounds for fault: • 1. adultery • 2. desertion • 3. mental cruelty • 4. physical cruelty • 5. insanity • In past, this was used to justify denial support Most states now allow No Fault Divorce

  11. No Fault Divorce A spouse has only to show that there are irreconcilable differences Most common form of divorce Some states have lengthened the time it takes for no fault divorce to discourage hasty divorces

  12. Child Custody Can be temporary or permanent Joint custody means both parents have full responsibility for the child’s supervision and equal say in upbringing, education & religion Joint custody unlikely if couple cannot agree on terms of divorce

  13. The Tender Years Doctrine If parents cannot agree or the court does not approve of their agreed plan The court can make the decision. Tender Years Doctrine refers to the tradition of awarding the mother custody Standard of courts today-Best Interest of the Child Doctrine Over age 12 the child’s wishes are taken into account

  14. Federal Parental Kidnapping Prevention Act During bitter custody disputes or disagreement over a court’s decision on custody-Parents illegally take their child and hide them. Act provides for all states to enforce custody decisions of other states

  15. Divorce Issues Women more economically disadvantaged by divorce Men more economically well off after divorce

  16. Alimony Also called Spousal Support-money paid to help support an ex after divorce State laws restricting alimony to only ex-wives struck down by Supreme Court Up to discretion of the courts Considerations include couples standard of living, financial status of each spouse

  17. Rehabilitative Alimony Awarded temporarily to help one spouse get into the labor market

  18. Child Support The level of support is determined by the non-custodial parent’s ability to pay and the amount necessary for child’s needs Until emancipation or longer only if agreed upon FSA-Family Support Act of 1988 helps in enforcing child support and requires states to have a clear formula for determining support Allows tracking by Social Security and attachment of wages

  19. Stepparents In many states, stepparents are required to help support their step children as long as they are living with them In some states, if stepparent has acted in loco parentis(in place of the parent) then they may be required to continue after leaving. Cannot claim custody, may ask for visitation Can adopt if non-custodial parent agrees.

More Related