If you have
property (real estate, automobiles, vacation property, pensions, jewelry, etc.)
or children, the divorce will be more complicated. It helps if you and your
spouse agree about the issues involving the property and the children. The number
of times you go to court and see a judge or referee depends on local court procedure
and whether you and your spouse can agree on issues regarding your children,
property and other matters. If you don't agree, things usually take much longer
to get resolved. It is a good idea to get legal advice before finalizing an
agreement with your spouse. You do not want to make costly mistakes.
Joint Legal Custody, Physical Custody Are Considerations for Those Getting Divorced
What should we do about the children? What will happen to the children? Who
will get the children? These are questions that always come up in divorce. What
are the answers?
law, the court considers two issues -- legal custody and physical custody. The
court must base its decision on what is in the best interest of the children.
What each parent wants will be considered by the court. However, parental preferences
will not control the court's decision. There are different types of custody
that will be addressed in a divorce:
This means that both parents share the responsibility to make decisions regarding
the child's health, education and welfare.
This means that one parent has primary control over decisions regarding the
child's health, education and welfare.
This measures the amount of time that the children spend with each parent.
Joint physical custody:
This means each parent has "significant periods" of physical custody.
Physical custody must be shared in such a way as to assure the child "frequent
and continuing contact with both parents."
Primary physical custody:
This means that the children will spend most of their time under the care of
one parent, while enjoying visitation with the other parent.
Joint legal custody with one parent having primary physical custody:
In this case, the parents share decision-making responsibility, but the child
resides with only one of the parents.