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The effects of divorce can change virtually every aspect of a person's life including where a person lives, with whom they live with, their standard of living, their emotional happiness, their assets and liabilities, time spent with children and other family, and so much more. Some effects of divorce can be positive, such as ending an unhappy or even abusive relationship. Other effects of divorce can be detrimental to a person's well being.
The effects of divorce differ by situation and personal circumstance and may be different for men and women. One sociologist who studied the economic effects of divorce in the late 1990s reported that women experience a 73 percent drop in their standard of living during the first year following divorce. Men, on the other hand, often fare better in terms of the financial effects of divorce. According to statistics, men enjoy a 42 percent rise in standard of living within the first year of divorce. Financial effects of divorce are sometimes remedied through alimony or child support court orders.
Though perhaps harder to measure, studies that investigate the emotional effects of divorce often find that women fare better than men. These emotional effects of divorce are related to a number of factors. Though not always true, women tend to have stronger support networks to rely on after a major life event, as compared to men. When going through the process of divorce, irrespective of specifics, it is important to separate the legal effects of divorce from the emotional effects of divorce.
The legal effects of divorce will determine the division of property, money, and debts accrued during a marital union. Non-marital or personal property is usually protected during the divorce process. The legal effects of divorce will also determine a parent's role in the lives of (and decisions made about) their children. Decisions made about spousal and child support are also among the major effects of divorce.
When the decision to divorce is made, the separating partners have the legal right to agree on the specific terms of divorce as long as the agreement is considered reasonable and fair. This is often referred to as an uncontested divorce: when both parties agree to the terms presented in the petition for divorce. The effects of divorce in these cases are those that have been agreed upon by the husband and wife.
A contested divorce is when one of the spouses disagrees with one or more of the terms of divorce. In these cases the effects of divorce may require mediations, legal support, and family law intervention. The effects of divorce in these cases may not always end up satisfactory for all involved parties. When children are involved in divorce, the courts will always judge in favor of the child's best interest.
In order to achieve the most positive effects of divorce possible (given the nature of the situation) it is helpful to seek the advice and counsel of a legal professional who can protect and maximize your legal interests. If you would like to learn more about the legal effects of divorce, please contact us to speak with a qualified and experienced attorney in your area.
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Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.