Divorce Recovery

Divorce recovery can involve a number of different facets of a divorce case. Divorce recovery may include the division of marital assets, the negotiation of child custody, and the amount of money that might be allocated for child or spousal support. There are many laws in each state that are intended to fairly apportion divorce recovery resources to all parties involved. In every state there is some form of “no fault” divorce. This means that neither party is deemed guilty of causing marital dissolution, but that divorce is due to “irreconcilable differences.” This makes divorce recovery dependant upon factors other than fault in a divorce case.

Divorce recovery regarding the division of property varies from state to state. If both parties can agree on the amount of divorce recovery each will receive from the divorce they are legally able to settle this portion of the divorce independent of external facilitation. If there is a discrepancy in negotiations, mediation or court judgment will determine marital asset divorce recovery. In some states like California, marital assets- including property, money, and debt- are considered “community property.” This means that divorce recovery of marital resources is divided fifty-fifty. In other states “equitable distribution” determines the extent of divorce recovery. These guidelines use a variety of factors in order to determine fair distribution of marital assets.

Divorce recovery can be extremely important when it comes to child custody. This can be a complicated area of divorce, especially when there are disagreements about custody rights. The family law court system will always base decisions regarding custody on the best interests of the child(ren) involved. Divorce recovery in child custody cases comes in two basic forms: legal custody and physical custody. Legal custody refers to the responsibility of making major decisions affecting the child. Physical custody refers to the time spent with the child. Divorce recovery in a joint custody case involves sharing these responsibilities. When domestic abuse, substance abuse or any other negative behavior is a component of the divorce case, sole custody may be awarded to the other parent and divorce recovery may be denied to the abusive party. Visitation rights may also be available in divorce recovery.

Child support and spousal support are other areas of divorce recovery. If one parent is granted primary custody of the child, the court may judge that the other parent is responsible for paying child support. Some states cap the amount of child support that can be awarded. There are several legal mechanisms which enforce payment of child support and ensure this form of divorce recovery, though only fifty percent of parents owed child support each year receive the full amount due. Spousal support may also be a component of divorce recovery. This is based on a number of factors determining a fair allocation of monies to the party in need.

If you are involved in a divorce case, you may wish to consult a legal professional who can advise you of your legal rights and options in divorce recovery.

Related Resources

Divorce Lawyer Source - Features excellent articles regarding divorce topics including money and child custody. The site also features divorce attorneys throughout the United States.

Divorce Central - Divorce laws by state. Legal, emotional, financial and parenting information. Bulletin boards and chat.

Houston Divorce Lawyer - Carl Selesky, helping families in areas in and around Houston, Texas.

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