Tuesday, September 4, 2012

What is Family Law

Divorce is the legal ending of a marriage and each state has different terms and requirements of how to complete a divorce. All divorce degrees require a judge to approve and review the settlement. If the parties cannot agree to a settlement, the judge will decide how property will be divided and parenting time shared. You are not legally divorced until the degree is signed by a judge and filed with the court.

Each state will decide how child support and alimony are allotted, how long you need to live in a state before divorcing, and the waiting period before the divorce can be filed. Family law works with community property and equitable distribution of that property. Community property in most states is defined as properties either physical or monetary owned equally by couples. Community property is often divided equally between the parties, but if there is property held in only one name, that property is kept by the designated spouse.

Equitable distribution claims that the assets accumulated during marriage are divided fairly, but may not be equal. The court may award each spouse only a fraction of the value of property and debts.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice. nmarangi@pacbell.net

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