Family Law Newsletters

Shared Parental Responsibility and Visitation

In a divorce proceeding, parents may consider sharing their parental responsibilities and visitation by entering into a shared or joint custody agreement. Shared custody is defined as an agreement by which the parents make arrangements to share the physical custody and control of the child as well as the legal, medical, financial, educational, emotional, and social responsibilities.

Matrimonial Actions and Health Insurance

Health insurance issues must be considered in matrimonial actions. In some jurisdictions, as a matter of law, one must pay for the medical necessaries of one’s children and spouse even during legal separation.

Post Decree Modification of Spousal Support

While a divorce case is pending, a court has the power to dissolve the parties’ marriage, to resolve issues of child custody and child support, to divide the parties’ debts and liabilities and to order the payment of spousal support. The court has the power to take these actions because it has jurisdiction over the parties and the subject matter. Once a final divorce decree is entered, the case terminates.

Divorce and Debt Division

During divorce proceedings, couples not only have to divide up their assets but they must also divide their debts. There are various types of debt that must be divided during divorce proceedings.

Mortgage Issues and Divorce

If a divorce decree awards one party the marital home, that party is typically required to pay the mortgage, unless other stipulations were made during the divorce proceedings. Most often the mortgage is a joint mortgage and therefore constitutes a joint debt. However, if one party that is awarded possession of the marital home and is ordered to pay the mortgage, that party theoretically becomes responsible for the entire mortgage.

LexisNexis Martindale-Hubbel

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