11 Facts about US Divorce Laws
- Denying Visitation Based on Child Support
Child visitation is not related to child support. Even if one spouse is behind on their child support payments, they are not declared ineligible to see their kid. The two issues are separate from a legal point of view.
- Committing Adultery Means Giving Up
Even if you are the person who cheats in a relationship, it does not mean you give up your rights in the divorce. Courts do not consider adultery or infidelity when dividing up assets or providing child custody rulings during a divorce.
- Spouses Can Deny a Divorce
Spouses are not allowed to deny a divorce in most states. Unless the state has a fault divorce law, one spouse cannot prevent the dissolution of marriage by refusing to sign the papers or some other behavior. It does not mean getting a divorce is easy, but the process is not impossible at all.
- Mothers Automatically Get Kids
Child custody is based on a variety of factors. While mothers are more likely to win full custody, it is because they are usually the ones in a better position to look after the children.
- Lawyers Are Necessary
While it is recommended to get a divorce through a Park City divorce lawyer near me it is not a requirement. Some people do get a divorce without needing any lawyers. But a lawyer can really help you ensure your rights are protected during the divorce settlement.
- Same Day Divorce in Vegas
While you can get married at any time in Las Vegas, getting a divorce there is no different than getting divorced anywhere else in the world.
- Divorce in the Same State as the Marriage
As long as one of the spouses is a legal resident of the state where they are filing for divorce, the place where you got married does not matter.
- Property Settlements Relate to Child Support
Property settlements have nothing to do with child support. Making concessions in one area is not going to provide you with relief when it comes to child support. The courts view child support completely separately from every other aspect of a divorce. The amount you pay depends on the needs of the spouse who has custody, the money they earn and the money you earn.
- Children Choose Their Home
Children who are old enough to know what they want can speak to a court about where they want to live. But the court does not have to make the recommendation based on the child’s words. The court will choose a home for the child based on their perception of the case as a whole.
- Name on the Deed Matters
While the name on the deed for your family home does have some impact regarding how it is divided after the divorce, it does not mean the person on the deed gets to keep the home and all the money from its sale. Both parties have a right on property bought while they were married.
- Engagement Rings Are Marital Property
If you give an engagement ring to your wife or husband, they are entitled to keep it for as long as they want.