DivorceWhen spouses decide on divorce, a number of legal issues may arise in the process. If there were children born during the marriage, custody of those children will have to be determined.
Every decision made by a court involving children from a marriage will revolve around what is to be considered in the best interest of the child or children. If the parents cannot agree on primary or joint custody, a judge will have a significant amount of discretion in making the determination, often times relying upon an advocate or ad litem appointed by the court to serve as a representative of the child or children. The representative will interview the parents as well as the children and may review any other information considered pertinent to the issue of custody and make a finding or report to the court.
Child support and visitation rights must also be determined, using guidelines and a best interest standard for the children.
If children have not been born during the marriage, a divorce may still take on a number of complexities in regard to marital property rights.
From an emotional standpoint, divorce is rarely an easy thing to accomplish. Though difficult, emotions must often times be set aside and legal issues handled in a calm, mature and objective manner. This is especially true when there are children involved.