There often comes a time when misunderstandings between two people who tied the nuptial knot rise to a height that they no longer wish to stay together. One needs to be aware of family laws to get separated legally. The family laws of most countries permit both fault divorce as well as no fault divorce. Divorces can be either contested or uncontested. Contested divorces are those which have disputes on certain issues. Uncontested divorces are those in which both the parties agree on all the key issues or one of the parties, fails to take steps to contest the divorce.
Procedure of applying for a divorce:
To apply for a divorce, the couple must have stayed in the current country for at least six months before applying for a divorce. Uncontested divorces require a marital separation agreement and a short hearing in court. Contested divorces usually take a long time and are more complicated to deal with. Filing for the divorce needs to be made either in the region where the couple currently resides or in the place where they last stayed together.
Divorce becomes more complicated when the couple has minor children from their marriage and both fights for the custody of the children or the children chose one of their parents and leave another. The decision of the care is always taken in the welfare of the child. The non-custodial parent is responsible for paying for child support to the custodial parent. The percentage of child support to be paid is decided to take into consideration the salary of custodial parent as well as the non-custodial parent, needs of the child, age of the child, their standard of living.
According to the family laws, a legal father is responsible for all the rights as well as responsibilities towards the child. The husband of the woman delivering a child would become a legal father even if the child were born of her relation to some other individual. He will remain as the legal father until the biological father claims for paternity of the child. The court then decides about whether or not to establish paternity of the biological father depending on the best interests of the child.
Unmarried parents living together have separate rules for separation. According to law, if the man is not married to the child’s mother during birth, he has no right to claim for the custody even if his name appears on the child’s birth certificate. Such men should file for paternity after undergoing a paternity test through DNA testing.
Sometimes domestic violence becomes the cause of divorce. Abusing the spouse is a serious crime and hence can be filed in court. There are many criminal defense lawyers to help out.Although it is better to avoid separation, when it becomes a must, take proper steps by knowing the laws before hand.
Divorce and separation are a stressful and upsetting time for every child involved no matter how old they are, and therefore it is always advisable for the parents to take the necessary measures to solve their issues first before it is too late to address. Parents should also put into consideration the lengthy procedures and protocols of having a formal divorce.c