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What Does Judge Ask at Divorce Hearing?
Divorce is a step that is taken to terminate a marriage. It happens between a married couple by way of ending all the rights and duties of the matrimony. Thus, it is considered a legal process to end the marriage. In countries like the Philippines and Vatican City, the government does not allow for divorce. The law for divorce is different across the globe.
In most countries, divorces require prior permission of the court or any other legal compliances, concerning the divide in the property, custody of the child and alimony to the spouse, parenting time, child visitation, and financial support to the child. The divorce between the couple can be due to many reasons, such as sexual incompatibility, domestic violence, and personality class. However, grounds for divorce may vary from one country to another.
Marriage is a combination of contract or status, where it is the right of the couple to perform their duties. When one of the partners fails to perform their obligations, the contract between them can be treated as rescinded, and it will result on the grounds of divorce. Generally, the law for divorce is not static due to the evolution of social norms. Most of the time, the child of the divorcing partners has suffered the most. They will go through a bad relationship with their parents. Most of the time, due to unstable financial conditions, the child cannot complete their studies. Research has shown that children have a great impact on the separation of their parents. Due to instability in emotions, in many cases, the children have started taking drugs and alcohol. It will also adversely affect the academics of the children.
According to the studies of psychology, divorce often tends to result in depression, anxiety, unhappiness, and terrible mental health. The outcomes of divorce are associated with a great pessimistic impact on the children and their parents. Due to the divorce of the parents, the children may also suffer relationship problems with their partners. Maldives has the highest divorce rate with 5.52 percent. Rather, it has the highest divorce rate in the history.
This is followed by Belarus, with 4.63 per cent and the United States, with 4.34 per cent. On the other hand, India has the lowest divorce rate as compared to any other country. The divorce rate in India is around 0.01 per cent. The divorcing partners have to maintain a strong mentality. Because after the divorce, they have to undergo many problems.
But, in most cases, if the courts are not satisfied with the reason for divorce, they might not sanction the legal separation of the couples. In the 21st century, due to evolving social norms, there are pretty high chances for misunderstandings between married couples. They can go through the couple’s therapy and change their decision to divorce. It is not good for either of them if the reason for grounds for divorce is not prominent.
What Questions Were Asked in Divorce Court?
If the couples have decided to dissolve their marriage, they must be fully prepared in advance regarding the legal and other requirements. In some cases, the divorce is settled outside the court with the help of the attorneys. But in most cases, the involvement of the court is mandatory to give a fair judgment. You can expect some frequently asked questions regarding divorce during the session of the court. These are as follows:
1. HOW LONG WERE YOU MARRIED?
This question will give the judge background information on your marriage relationship. The duration of your marriage also plays an important role in the division of properties. It can also help to recognize the issue of your divorce. The property might be divided as the case may be. Here property includes all valuable assets, fixed assets, moveable assets, current assets, and intangible assets.
2. DO YOU HAVE CHILDREN TOGETHER?
During the time of divorce, when it is known that children are also involved, then the judgment is taken with utmost care and in their best interest. The primary concern of the judge is regarding the financial support, custody, and emotional needs of the children. In divorce courts, the well-being of the child is prioritized over the parent’s wish. It’s the legal responsibility of the parents to look after their children until they have attained majority. Usually, there are two types of custody- physical custody and legal custody. Physical custody refers to a custody where the child will live regularly. Legal custody refers to making crucial decisions for the child regarding education, health, religion, and any other extra activities. In some cases, the court may also permit joint physical custody. Where both parents can remain active parts in their child’s life. The non-custodial parent will get visitation or parenting time.
3. WHAT EFFORTS HAVE YOU MADE TO OBTAIN THIS DECISION?
If the couples are unable to resolve on their own, the judge will ask the number of attempts they have taken, and why each attempt was not successful. Divorce litigation is a costly and time-consuming process. Married couples should sort out problems on their own without any intervention from the court. As per the case, the judge may allow a mediator to find a resolution to your disputes. But in the case, where the couples have tried all the possible ways to find the resolution and are unable to find any, then it can be solved only by the intervention of the court.
4. HAVE YOU COMPLETED THE “COOLING OFF” PERIOD?
As per the provisions of the law in California, there should be a waiting period of six months which is termed a cooling-off period. This period is started from the date of filing a divorce case. The agenda of this period is to give a chance to both the parties. They can resolve their differences and disputes in this period. The judge will also ask you whether you have spent sufficient time cooperating and resolving the dispute.
How Should I Prepare for a Divorce Trial?
Proper trail preparation makes sure that you can approach the trail more confidently and effectively. By taking a bold approach to your divorce trial you can reduce tension and make your verdict of the court in your favour. There are some suggestions to prepare for a divorce trial. These are stated below:
- Hire an experienced divorce advocate.
- Providing all the required paperwork on time regarding legal provisions.
- Take care of yourself.
- Establish a robust support system with your friends, family, and any other close ones.
What to Ask for in a Divorce Settlement?
A divorce is a very unfortunate reality in any person’s life. They have to undergo many problems and you need financial support to run your life. So, in most cases the spouse can ask for a divorce settlement and it is legally correct. There totally five things to ask for a divorce settlement. These are listed below:
1. Child Support and Alimony:
As per the provisions of federal law, each state must have a child support guideline. Determination of the exact amount of alimony is tough, so it is recommendable to hire a divorce settlement advocate. The financial assistance to the child should be the same as it was before the divorce.
2. A Fair Share of the Assets:
This right in share can be determined based on the duration of the marriage. The valuation of assets should be taken by the third party to ensure fair partition. A certain share of assets can also be given, according to your health, child’s future, and income. But, in case you are not sure about the division you can consult a divorce settlement advocate.
3. Property and Debt:
The judge will allocate assets in the name of the spouse excluding debt. Afterwards, the judge will apportion the assets and debt to each estate. You have to be careful because a large amount of debt can be allocated to you. Never incur martial debt just to take quick divorces. The divorce settlement agreement must be thoroughly interpreted by your divorce settlement advocate.
4. Retirement and Investment Accounts:
Retirement plans are significantly affected by a divorce. So, it is a fair fight to ask for retirement and investment accounts built during your period of marriage. The amounts withdrawn from any retirement plan before the age of 59, shall attract tax @10% unless there is an exceptional case. This has to be consulted with your divorce settlement advocate about the retirement amount deposited in your personal.
5. Martial Home:
The marital home also plays an essential role in the divorce settlement. It is at the option of either of the spouses whether to keep it or sell it in the open market for a fair price. But the main question arises, the marital home of your ex-spouse will be enough for your living? Or else you want to give this to your spouse? The answer to these will directly affect the verdict of the court regarding the divorce settlement.
Conclusion:
Divorce is subject to a complex legal matter between the partners and it has significant consequences for all the members of the family. Getting a divorce is a huge decision and it has to be taken very seriously.
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