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Frequently Asked Questions
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Is it better to separate or divorce?While divorce is a permanent decision, a legal separation offers the possibility of reversal. This becomes particularly relevant when considering the well-being of young children; preserving the family's legal status might be in their best interest. Opting for a legal separation provides a valuable breathing space to evaluate the future of your marriage without immediate commitment to divorce, all while ensuring financial protection.
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What things should I not do during legal separation?Do Not Move Out of Your Family Home. ... Do Not Rush into a New Relationship. ... Do Not Deny Your Partner the Right to Co-Parenting. ... Do Not Involve Your Family Members and Friends in Your Separation Process. ... Do Not Sign Any Documents Without the Consent of Your Lawyer.
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What are the 5 stages of divorce?By understanding the different stages of divorce, you can be better prepared to deal with them if you ever find yourself going through this process. Stage 1: Denial Stage 2: Anger Stage 3: Bargaining Stage 4: Depression Stage 5: Acceptance
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What are the grounds for child custody?The court weighs each parent's ability to provide for the child's physical needs, emotional wellness, and medical care. The court will not grant physical custody to a parent who is incapable of financially and physically catering to the needs of the child.
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Do you have to pay child support if you have 50-50 custody?People often think that the parent who has physical custody will receive child support but in Springfield child support is not affected by custody; instead, the amount of court-ordered parenting time (visitation) is considered in calculating child support.
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What factors determine custody of a child?While there's no set in stone rule, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care. The court may also consider the opinions of character witnesses on behalf of each parent. How the children will be affected by either continuing the current custody arrangement or disrupting the arrangement. The ability of each parent to provide a stable, loving environment. In many cases, the court will ask each parent to submit to a child custody evaluation to learn more about this aspect of the case before making a decision. The children's wishes (if they are considered old enough and able to express their own desires). The level of adjustment and attachment between the children and their home, school environment, and community/neighborhood. The living accommodations of each parent's home. In some cases, the courts may want to know that the children will each have their own room. The mental and physical health of each parent, as well as the children. The quality of the relationship between the children and each parent. The willingness of each parent to support and facilitate the children's ongoing relationship with the other parent. This matters to the court because they want to know that neither of you will stand in the way of your children's relationship with your ex.2 The wishes of each parent. The courts will want to know what each of you prefers. While that doesn't mean your wish will be granted, you should expect the judge to ask for each parent's preferences as they weigh their decision. Whether either parent has been providing the majority of the children's care up to this point. In some jurisdictions, the courts will look to maintain consistency. So if one parent provides the bulk of care while the other travels much of the time, for example, that could impact the judge's decision. Whether false allegations of abuse or neglect have been brought by either parent against the other.1 Your children's ages. While there's no hard-and-fast rule, courts generally prefer to maintain consistency, especially when it comes to young children. As children grow older, the courts tend to be more willing to consider alternative arrangements.
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