Divorce Guide

Divorce Guide

Typical Divorce Settlement

Typical divorce settlement address all the issues involved in the breakup of the marriage. The issues to be resolved include property division and spousal support. There could be agreements about pet custody and visitation. If there are children, then a divorce settlement will also include provisions about child custody, visitation and child support.

Typical issues

The following are typical divorce settlement issues:
  • Child support: Until the children reach a specific age, their parents are required to support them. Some states give the divorce courts a leeway in ordering child support, while others have very specific guidelines about how to calculate support. Neither of the parent has the right to waive child support, since it is for the benefit of the child. There are some guidelines set by the court according to which, the parents might not be allowed to agree below a certain support amount.
  • Child custody: There are two kinds of child custody; legal and physical custody. In legal custody all the major decisions such as medical, to which school will the child go, and what religion will the child be raised in are taken by the court.. In physical custody, it would be decided with whom the child would stay and who would take care of the child on day to day basis.
  • Property division: There are either community properties or equitable distribution laws in the states. . In states that support community property such as (Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin), the spouses that earn the property during their marriage belongs to both of them. This property is divided equally between the spouses, whereas the separate property that the spouses had before their marriage or had received as an inheritance goes to them respectively
  • Spousal support: Spousal support, also called as alimony, is paid by either spouse to a spouse who earns less and needs support. Support is sometimes permanent or is paid until the dependant spouse remarries. If the dependant spouse is capable of earning a living, the support may be only temporary while the spouse gets education, job training or gains work experience that will enable the dependant spouse to support him.
  • Visitation: In a typical divorce settlement there will be a specific agreement which would set out how often the non-custodial parent will have visitation, the number of holidays that the child will spend with each parent, and also things related to the travelling of the child. In a typical divorce settlement unless the parents agree to share physical custody and the child divides time between them, the parents will have to reach an agreement on child visitation.

Usually, in a typical divorce settlement all the normal issues such as mentioned above normally come up for discussions when the couple files for a divorce. You may find these issues very typical in nature but they are the most important ones in a divorce settlement.

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