There are many people going through a divorce. Statistically, it is likely that half of the people who enter into marriage will end up experiencing divorce at some point in their life. Even though you have seen others go through a divorce until you have experienced it first hand, it may be hard to know what to expect. Here are some things you should know.
1. Estate Will Split In Half
Some people are confused about how the division of property will be. First of all it all changes if you have a prenuptial agreement, in that case, the agreement will determine the way it is divided. However, most people don't have an agreement, and so the estate has to be divided based on state law. In most cases, you should expect everything that was earned while together will be split in half. This means if one parent was outside the house working and the other was a stay at home parent it doesn't matter. All money earned is considered joint. Additionally, if there was a pension or retirement, then you should expect to split it in half. Even after the divorce, your spouse and you will share the pension.
This also relates to debt. Any debt that was acquired together will usually be split in half. There are some exceptions, but in most cases, you should expect to still take care of the debt together. This is something important to consider when you are preparing for your divorce.
2. Custody Will Be Shared
There are few cases where one parent gets full custody of the children without the other parent having some sort of legal right. Usually, if one parent is proven to be abusive then you can get some sort of agreement that only one parent has the custody, but even then they still may have their parental rights. You should expect to see both parents share legal custody of the children, and perhaps one parent gets more physical custody than the other.
If you are trying to get your spouse to relinquish their parental rights (say for an adoption of a step-parent), then you may have to wait a couple of years. Usually, the courts want to see how involved the birth parent is compared to the step-parent. Or if the parent has failed to pay their child support then you might be able to get their parental rights taken away.
These are just some things you need to know about divorce. Contact a law office like The VK Law Firm for more information and assistance.