couple with divorce lawyer

Why Divorce Is an Essential Part of Family Law

Contrary to books and films that paint marriage as the ultimate happy ending for couples, not all stories that include a walk down the aisle end happily in real life. Some actually end up in divorce courts. In fact, a staggering 42 to 45% of marriages end in divorce in the United States alone. While the mere mention of the word might leave a bad taste in some people’s mouth, here are some reasons why contacting a divorce attorney in Santa Fe, New Mexico and going through divorce proceedings are still better than just going your separate ways without undertaking legal means.

Equitable Division of Property

Divorce is a legal remedy that some couples seek in order to terminate their marriage through legal proceedings in court. In these proceedings, the court will try to divide the couple’s property in the most economical way possible. Depending on the jurisdiction or state, some properties that are acquired before the marriage or those that are received as gifts or part of an inheritance are not included in the division. For those who have to undergo division, some involve a 50/50 split of properties acquired within the duration of the marriage, while others inquire into the couple’s financial circumstances and other pertinent information that would result in the most equitable distribution of assets.

Assignment of Support Obligations

Father hugging daughter to say goodbye

Included in divorce proceedings is the determination of the parties’ support obligations, specifically child support and spousal support, also known as alimony. At present, most child support payments are determined by state law. Aside from this, child support is also largely influenced by the parental custody arrangements ordered by the court. On the other hand, spousal support is dependent on the facts of each case and the couple’s financial circumstances.

Setting Child Custody and Visitation Rights

Another important result of divorce proceedings is the setting of child custody and visitation rights or schedules. Divorce courts usually base their decisions on a set of factors intended to promote the best interests of the child, especially when it comes to the question of which parent the child should live with. Equally important is the amount of time that the other parent could spend with the child. Judges make custody decisions depending on the pertinent facts of the case, which usually include heated arguments in the divorce proceedings. With this in mind, a cooperative child custody arrangement would definitely benefit everyone involved, especially the children.

It is a sad reality that not all marriages end happily unlike those in movies. In spite of this, there are still legal means available to safeguard the rights of your family. Divorce offers a way you could ensure the most economical way possible to divide property as well as determine support obligations and child custody. While this might not be part of the ending you envisioned while in what could possibly have been your most meaningful relationship, the law provides ways to ensure that everyone’s well-being is still taken into consideration in those trying times.