Whether or not there is marriage, the decision to separate or divorce is the end of an arduous and painful process, especially when there are minor children in common, which leads to the conclusion that it is better to stop living together. Whether it is an uncontentious divorce or a contentious one, you will learn more here about it.
We always give correct information before asking your partner the decision because, on many occasions, there are unfounded expectations, erroneous beliefs, and doubts about a multitude of issues; you are going to learn more here, such as:
- Who has the most right to use the family home?
The right belongs to the children. Family law should be interpreted as a defence and protection of the weaker party: minors. Therefore, the home use will be attributed to whoever has custody of the children.
- Who has custody of the children?
Both parents can and should care for the children. The judges will determine who should have guard and custody, seeking the minor’s welfare and assessing each case’s circumstances.
- What criteria do judges have to establish shared custody?
The most common system used by the court and tribunals is shared custody. However, each case must be assessed by the judge of 1st instance.
- How is child support calculated?
Although there are judicial criteria, the needs of minor children are addressed first. However, the income of both the parents, the debts and loans they assume, who is responsible for the use of the home, and other economic conditions are considered. Although in shared custody, each parent accepts half of the expenses directly, without the obligation to pay a pension, sometimes an allowance is established to compensate for the possible economic capacity of the parents.
- How are the community assets settled?
As always, the advisable thing is by mutual agreement. If this is not possible, it can be requested judiciously.
- Who pays the mortgage?
Before the bank, borrowers have the obligation. However, the divorce judgment may establish the responsibility for one of the ex-spouses to pay it. Commonly in tune with the rest of the loads, trying to find a fair balance.
- What happens with the rent in the separation or divorce?
It is advisable to renew or modify the rental contract with the owner.
In short, the best way to start a divorce is by mutual agreement and avoiding a lengthy and costly judicial process. At the Eaton Family Law Group, lawyers with more than 20 years of experience can advise you before divorce or separation and assist you in the amicable or judicial process.