FAQs

The divorce filing process begins when one spouse submits a divorce petition to the court, detailing the reasons for divorce and any requests regarding child custody, support, or property division. The other spouse is then served with this petition and given an opportunity to respond. Following this, the process may involve negotiations, mediation, or court hearings to resolve issues like asset division, alimony, and child custody arrangements. If the spouses can't reach an agreement, a judge will make decisions on these matters based on relevant laws and the children's best interests, if applicable.

Child custody decisions are primarily based on what's best for the child. Courts consider various factors, including the child's age, health, and emotional bonds with each parent. They also evaluate each parent's ability to provide a stable home and meet the child's physical and emotional needs. Any history of abuse or neglect is taken into account as well. Custody can be awarded jointly to both parents or solely to one parent, with various arrangements for visitation and parenting time in place.

Child support payment calculations consider several elements, such as each parent's income, the number of children needing support, and costs associated with childcare, healthcare, and education. Any special needs of the child are also factored in. Most states use specific guidelines that provide a formula for calculating child support, taking into account both parents' financial resources and the child's pre-divorce standard of living.

In legitimization proceedings, fathers can seek to establish legal paternity and obtain parental rights, including custody and visitation. They have the right to initiate legitimation through the court system, which may involve DNA testing if necessary to confirm paternity. Once paternity is legally established, fathers are entitled to participate in custody and visitation proceedings and can seek custody or visitation rights in accordance with the child's best interests.