Know Your Rights During a Divorce Proceeding

Dissolution of MarriageDivorce proceedings are quite hard for the spouses, owing to the termination of their relationship. Still, it is important for each of the partners to know their rights and subdivide the responsibilities after the proceedings amicably.

Here are some important issues that come in play, notes Lewis & Matthews, P.C., in the dissolution of marriage.

Custody of Children

The court considers the welfare of the children as the priority when deciding on who to take custody of the children. They are part of the marriage union and not the property of either spouse. The court may grant a sharing agreement between spouses or consider giving them to one of the spouses. If the children are too young, the court considers the mother as best suited to take care of the children’s interests.

Division of Property

If a marriage has lasted for more than ten years, the property is split between the spouses. However, if the marriage lasted for just a short time, each of the spouses only gets what they put in the marriage. However, the judge has an upper hand in deciding how the property will be divided between the two parties.

Maintenance Payments

The Department of Social Security deducts the amount that is paid to the other partner. The partner who is not financially stable will receive the payments. However, if the spouse has other children or a second marriage, the amount is reduced. Maintenance payments are calculated on the annual earnings in the past year.

Recommended:  Employee Rights in New Zealand: Know Your Basic Rights

During a court proceeding, the other party does not have to prove the fault of the spouse. If both partners file for a divorce, they may not need a lawyer. However, a Denver lawyer can assist any of the parties to have their interests represented in the divorce proceedings.

Related Posts