Did you know that in the United States, one in two married couples divorce? That goes up to 60% for all second marriages and 73% for third marriages! So, it’s no wonder the US has among the highest divorce rates worldwide.
If you’re going through divorce proceedings yourself, you need to factor in a few things. That can let you prepare yourself for the outcome, especially if you have kids.
So, what are those crucial factors you need to consider in a divorce? Read on, and you’ll learn about them below.
1. Child Custody
The specific laws on child custody depend on where you got married. However, most places share similar factors, like the child’s wishes and statutory factors. In addition, courts look into whether a parent has had a history of domestic violence.
If you’re in the US, though, know that all states have laws that allow for parental right termination. Some grounds wherein that may occur are neglect, abandonment, and abuse. Courts also factor in if a parent has a substance abuse disorder or an untreated mental illness.
Thus, it’s vital to understand your state’s custody laws to prove you are fit to retain parental rights. Likewise, it’s crucial to know those statutes if your ex-spouse meets one of the grounds above.
Please keep in mind that abuse occurs in about 600,000 children in the US every year. The last thing you want is for your kids to be part of that, so it’s imperative to consider such when getting a divorce.
You can then hire a family lawyer to help you prove your case to get full custody of the kids.
2. Financial Settlement
The laws guiding financial settlement on divorce often aim to divide assets fairly. However, that doesn’t mean that both parties always receive a 50-50 share.
Instead, one might acquire 40%, while the other may receive 60%. The division depends on what leaves either party in equal standing. In many cases, the side that gets more custody of the children obtains a more sizeable share.
3. Skipping Court Proceedings
Remember: Only a small percentage of divorce cases in the US go to trial; most get settled out of court. One reason is that all 50 US states recognize no-fault divorce. It allows for the divorcing of couples without the need to prove fault.
Since you don’t have to put blame or point fingers, a no-fault divorce may result in an amicable split. That can give you and your ex a chance to skip lengthy and costly court proceedings. So, you and your ex-spouse can simply say you want to split due to irreconcilable differences.
Examples of irreconcilable differences are lack of intimacy, conflicts, and loss of trust. You can also file a no-fault divorce if you and your spouse always have disagreements and you want that to stop.
Consider These When Going Through Divorce
Children’s welfare should always be the top priority when going through divorce proceedings. However, you should factor in financial aspects, too, as you also have to think about your future.
Finally, consider a no-fault divorce so that you and your partner can settle out of court. That can help make the proceedings smoother and less painful for all parties.
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