The Basics of Family Law
Separation and divorce is never an easy thing. It becomes even harder when you are dealing with an emotional, financial and legal issues all at the same time. It is very important to hold your heal up during such a time as it can turn out to be highly anxious and depressing. When faced with a separation or divorce, you need to stay calm. You need to rest, eat well, stay active and get social support from your friends. Let us look at some basics of family law that you ought to know.
The dynamics and makeups of today’s family life are becoming more complex. If you are facing issues relating to separation and divorce, or other legal issues relating to children, it is very important to seek counsel on matters that affect your rights and obligations. When it comes to divorce, you have to understand that it can only be granted by a district court. This happens upon filling of a legal petition.
A spouse is someone in a married or common-law relationship. Two are considered a couple if they have lived in a marriage-like relationship for two or more years. At the end of the relationship, each of the couples has their legal rights and responsibilities. The only difference between married and common law spouses is the process involved in separation. For married spouses, they have to apply for divorce is they no longer wish to be married.
Care of Children
Parents are held responsible to care for their children. They must make parenting decisions that are in the best interest of the child. As a parent, you act as guardian to your care and you are supposed to offer your child full care. In case of a separation, you need to come up with an agreement on where and who will be staying with the child. You also agree on when the child will have time for the other parent.
Parents are required by law to support their children financially. On parent pays the other to help cover the needs of the child. In addition to the basic needs, parents have the obligation to pay for special and extraordinary needs that a child may need from time to time. These are issues such as music festivals, lessons, school field trips among others.
Spousal support is money that one spouse pays the other at the end of a relationship. It is very important to understand that spousal support is not an automatic requirement for either spouse. One spouse needs to show that he or she was financially damaged or disadvantaged by the relationship, and thus the need for financial support. A judge will most likely offer spousal support if there was a long-term relationship, there was a great difference in income and if there was an economic disadvantage as a result of the relationship. Last is the issue of property division. The things that you owned before the relationship are kept intact and not subdivided. However, if there was an increase in its value, its value is split 50-50.