Divorce and Custody

August 14, 2015

by — Posted in Custody and after

images (12)

You should not attempt to drop you children or spouse from your insurance policy before the divorce is finalized. However, you should notify your employer before the judge signs the final decree.

Custody, visitation and child support

You will have to decide on how you are going to share your children. There are presumptions and doctrines that are154425-425x318-divorce-stats used by the court when deciding who should get custody. The court considers the best interest of the child. The following things will be considered:


  1. Parental rights: The parents have the right to live with their children. The children can only live with other people e.g. grandparents when the parents are found to be unfit.


  1. Continuity of placement: Divorce should have as little effect as possible on the life of the children. Things should not be messed up if the children are doing fine where they are.


  1. The preference of the children: Which parent do the children want to live with? This may have an effect on the judge’s decision. However, the judge is not bound by what the children want. The judge is after the best interest of the children


  1. Other factors: The age of the custodian, health, religious belief etc. can be considered by the court of law.


The earnings of each parent, the needs of the children and financial assets are some of the factors that will be considered when trying to determine a child support amount that is fair. If the parents agree on a visitation schedule, the court will approve it.


You have to create new will after a divorce. If you die while separated, your spouse will inherit everything unless you have written a new will. If your spouse has power of attorney, make sure that it is canceled as soon as possible.

Name changes

A woman can start using her maiden name anytime she wants. However, she might face a problem when trying to convince Social Security Administration and other entities that she has legally returned to using her maiden name. A woman can request the court to restore her maiden name even when she is not the complainant.