Most states have changed the rules for obtaining a divorce. Fault is no longer a required reason for filing for a divorce. To prove fault in a divorce created too many emotional problems on both sides and made one party out to be the bad guy. States now recognize that an irretrievable breakdown between the two parties in the marriage as reason enough to file for a divorce. In some states by proving fault the waiting time for obtaining the final divorce can be avoided.

Separation

A marital separation agreement can be drawn up before you have filed for the divorce or after. Usually it is done before the divorce papers are filed. By doing the separation agreement first, it gives you time during your waiting period to negotiate a fair settlement for both parties. The separation agreement is a written contract in which both parties agree on the division of property, child custody and amount of alimony, if any is to be awarded either party. Each party would have certain rights to assets that were bought throughout the marriage and written up in the agreement.

Alimony/Spousal Support

Spousal support and Alimony is the same thing. This support is designed to help the spouse with the lower income with monthly payments for living expenses. The judge will determine what alimony or spousal support amounts will be paid, if the parties are not in agreement. Usually the ex-wife gets the support, but in some cases the ex-husband would receive the alimony. The judge takes into consideration how much income each person makes, their ages and health, how long they have been married, what property is involved and the future income for both parties If the ex-wife has been financially dependent on the ex-husband for years, than most likely the ex-husband will have to pay alimony.

Division of assets

The couple can decide on the splitting of the marital assets and debts themselves. If they can not agree they must enter a property dispute into the court so the judge can rule on the division using the state laws. Some states have community property laws which split the marital assets equally, and some states have equitable distribution of property. Equitable distribution is an equal split of earnings and assets that have occurred during the marriage. Retirement funds and 401K plans would also enter into this division. It would be illegal for either party to try and hide assets to keep the other party from their fair share of the division.

Child Support

Child support is paid each month by either the mother or the father for the support of the child. Father’s are not the only ones responsible for child support. It depends on the income of each party and not on who has custodial rights. Mother’s who share custodial rights to the child may have to pay child support for the child because of earning a higher income. It is the responsibility of both parents to support the child. It is also a binding agreement in the divorce decree for payments to be made either to the courts or to the receiving parent directly.

Visitation

When there is a sole custody right by either parent the other parent would be given visitation rights in the divorce agreement. If one parent is verbally or physically abusive, has a drug problem or alcoholic problem then visitation rights may be withheld with that parent. If the parents can come up with a reasonable visitation plan that suits parents and the child then the courts will allow such a plan. If parents do not cooperate with each other then the courts will decide a schedule for holidays, vacation, and days for visitation.

The courts will take into consideration the wishes of the child if the child is of age and maturity to request certain visitation times with each parent. Child support can not be with held because of problems between the two parents about visitation. If problems arise concerning visitation rights then the parties need to go back to court for a resolution. Modifications can be made to the visitation rights if circumstances require the change for the best interest of the child.