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Divorce Guide |
divorce spouse rightsWhen we talk about the divorce spouse rights, we must always remember that the divorce spouse rights are for both the persons associated with the divorce. It is not just one spouse’s responsibility and another’s rights. These are responsibilities and rights as directed by the court that is on hearing the divorce petition of the couple that need to be followed by both the spouses during the litigation and after that. The divorce spouse rights essentially vary from one state to the other but there are some factors that are more or less same as followed by the states in general. Property Distribution Rights – For the distribution of the property the court essentially examines if there is any pre nuptial or co-habiting agreement between the couple regarding distribution of the property in case of separation or divorce. If there is any such agreement and the couple amicably decides to honor that agreement then that agreement is followed entirely. In other circumstances the ownership of the property and right of occupation is taken into consideration. Generally the properties of the couple are divided either according to property community law or equitable distribution law of the state. But during the litigation if your spouse tries to force you to evacuate your possession of property you have every right to seek legal action. Distribution of Debts – This is also a vital issue that needs to be settled during the divorce. Generally the court divides the debts among both the couple. But there are some states that have the law to distinguish between the debts that were incurred during the time of the marriage and debts that were incurred individually for distribution of the debts. Spousal Support – The spousal support is one of the most contested divorce spouse rights. The spousal support is generally given to the economically weaker spouse by the other. While deciding on who will pay the alimony and how much alimony is required, the court considers a number of factors. The duration of the marriage, age and health condition, the earning capacity of both the spouses, educational qualification and working experience, standard of living during the marriage - all are considered by the court. The alimony can be of different types like the permanent alimony, temporary alimony, rehabilitative alimony and the pendente lite that is paid by one spouse to the other during the divorce litigation process. Child Custody and Child Support – The child custody is the right of both the parents and it depends on the court to order on the child custody and the child support after considering the circumstances. For child custody the determining factor is the best interest of the child to ensure proper up bringing of the child.
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