FAMILY LAW Separation, Divorce, and Custody

Marriage Problems What can cause problems in a marriage? Solutions: Marriage counseling: counselor, psychologist, or social worker helps couple to figure out problems Live with it Or…

Separation and Divorce Separation: couple decides to live apart. Could be short Long-term Couple is still legally married Divorce: legally ending a marriage Once marriage is ended either partner can remarry

Separation Usually must separate prior to divorce Separation agreement: written document that sets out the couple’s agreed-upon terms for: Child custody and visitation Child/spousal support Division of property Is legally enforceable

Divorce Expensive Legal fees, support payments, maintaining two households Recommended: first attempt mediation (3 rd party resolution) Agreement looked over by lawyers Filed with court then finalize Don’t need a lawyer Pro se (do it yourself) divorce kits Classes When you need a lawyer Large estate Disagreements over children

Grounds for Divorce Used to have to prove the following to file and obtain divorce: Adultery – sexual intercourse with someone outside marriage Desertion – Living with no intent of returning Mental cruelty – emotional abuse Physical cruelty – physical abuse Insanity – mental illness

Grounds for Divorce Laws, however are changing: No-fault divorce system – do not have to prove that spouse did something wrong; must show: Irreconcilable differences: marriage has completely broken down and is beyond repair Also, if couple has (voluntarily) lived apart for a long period of time Covenant marriages: agree to in advance (in writing) to make a no-fault divorce difficult to obtain In Louisiana, must separate for 2 years instead of traditional six months to obtain divorce

Child Custody Custody: Where do children live? Who takes care of children? 25% of minor children living in single-parent homes (2010) ½ under age of 9 16% of white children, 27% Latino, 52% African American children What is considered when granted custody? The noncustodial parent: Given visitation rights Child-support

Child Custody Joint Custody – Both parents Have equal responsibility for child Have a say in schooling, religion, etc.. Child lives part-time with each parent Time between parents does not have to be equal Court cannot impose custody upon a parent Tender years doctrine: the presumption (now rejected by most states) that a young child is always better off living with his/her mother Have times changed?

Child Custody Best interest of the child: a doctrine used to determine custody by examining factors that would best benefit the child Examples of factors? Kinship Care: when a relative other than parent has custody of the child 2.4 million children living with grandparent (2000) Why?

Child Custody – Gone Wrong Federal Parental Kidnapping Prevention Act of 1980: prevents parents who abduct their children from getting new custody orders in a different state Provides resources to other parent to locate their child Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Custodial decree entered in one state is valid in all

Support Alimony (spousal support) – money paid to help support an ex after divorce Includes household expenses, work-related costs, educational expenses, and recreation Consider: need, duration of marriage, financial status Rehabilitative alimony – awarded temporarily to help spouse to develop needed job skills How long should payments continue? Forever? Goal: give disadvantaged spouse an opportunity to reestablish life as an independent person

Support Division of property Separate Property Community Property Equitable Property Division of property is a separate concept than alimony

Support Child Support – both parents must legally support child following a divorce Usually one parent pays child support Based on ability to pay Amount necessary to cover needs Paid until 18/legally emancipated Family Support Act of 1988 (FSA) Enforces child support orders States must have clear formulas for calculating support payments Must have a way to locate parents

Stepparents In some states, stepparents are responsible for children living with them If stepparent acts in loco parentis (in place of the parent), he/she may be responsible for child after child moves out May adopt if biological noncustodial parent consents