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DIVORCE, SEPARATION, AND PROPERTY

CHILD CUSTODY AND VISITATION

CHILD SUPPORT

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PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

DIVORCE, SEPARATION, AND PROPERTY:


     A divorce or dissolution of marriage is the ending of a marriage before the death of either spouse. Once an action for dissolution has been filed, a legal determination must be made that covers custody and visitation of any minor children of the parties, child support, spousal support and property division. The terms of the divorce can be agreed upon between the parties and their attorneys, or, if an agreement cannot be reached, the terms will be determined by the court. A court may take into account prenuptial agreements or postnuptial agreements, may ratify terms that the spouses have agreed on privately, or can take testimony from witnesses and make rulings dividing property, awarding support, and giving custody of the children to one or both parents.

     Ideally, both parties will have competent and caring attorneys who will effectively and efficiently represent their clients. This often means attempting to resolve issues outside of court, or by way of agreement, and avoiding "in court" litigation if possible, which is stressful and expensive.

     Legal Separation is similar to a divorce in that orders for custody, visitation, support and property division can be made by the court. At the conclusion of a legal separation, the parties have no further liability for the acts or debts of the other, are not entitled to any share of the accumulation of assets of the others, and remain lawfully married, despite the length of their actual separation. A legal separation cannot be granted by the court if either party objects, so this is not a good strategy to be used by a victim of domestic violence.

     Property Division is often as large a part of a dissolution action as is custody and support. In cases with substantial assets, it is common for one or both parties to investigate the income, properties and assets of the other. Hiding or minimizing assets is often common, although a good attorney can utilize the laws contained in the Family Law Code to discover community assets and debts, as well as discover the true income made, or able to be made, by the opposing spouse. It is essential that a comprehensive inquiry into these matters be made by the attorney for the benefit of their client, and to also later enable their client to invoke various remedies, some severe, against a spouse who was not forthright, or was dishonest, during the dissolution.

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