Visitation refers to the right of a non-custodial parent to visit their child. The main goal of child visitation rights is to allow each parent an opportunity to maintain a bond with their children even if the marriage no longer exists.

Usually, the non-custodial parent has legal rights to child visitation or parenting time except when the family court finds that visitation is not in the best interest of the child. States differ when it comes to their approach to visitation and child visitation right although it usually consists of alternating weekends and a number of holidays. The final divorce agreement states the amount of time of visitation and visitation schedule. This may be modified by further court order.

When joint child custody is awarded following separation or divorce, child visitation rights are awarded to the non-custodial parent. While the divorce case is taking place, a court may award short term child visitation rights to one parent whereas the other will be granted primary physical custody of the child. Long term child visitation rights are awarded if a family law judge determines that it is in the best interest of the child to have regular contact with both parents.

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Child visitation rights are regarded as a privilege rather than an innate given right. If the court establishes that it is not in the best interest of the child to grant child visitation rights to one parent, sole custody may be awarded to another parent. In cases where the non-custodial parent is denied of child visitation rights, he or she may still be ordered to pay child support to the custodial parent. In the eyes of the family court, child support obligations and child visitation rights are two separate affairs.

On the contrary, if one parent receives both child visitation rights and child support payment obligations, the parent may not lose his or her child visitation rights even if that parent fails to pay child support. However, this does not mean that there are no legal consequences if the parent fails to pay child support ordered by the court. There are several ways that a parent can be penalized for failing to pay child support but loss of child visitation rights is not included.

Laws on child visitation allow parents to work out a satisfactory visitation plan of their choice as long as this plan is in the best interest of the child and both parents agree to the terms. Negotiation of child visitation rights can be made independently or with the assistance of a neutral third party mediator.

If an agreement cannot be achieved through independent or mediated negotiations, the court may intervene in order to establish child visitation rights. The court may also intercede in cases that involve domestic violence or highly conflicted situations.

Child visitation rights can be modified for various reasons such as relocation of the custodial parent, violation of a court order, a change in the parent’s job, danger posed to the children by one parent, and more. A parent must petition the court for approval if he or she wishes to change any part of child visitation rights.

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You must speak with a qualified family law attorney if you are seeking child visitation rights to ensure that your interests are protected.

Divorce is defined as the termination or the dissolution of marriage. When filing for divorce, there are important matters that you need to take into consideration. These include the child custody, child support, division of the property, and alimony or spousal support. However, before taking necessary actions, it is important for you to be knowledgeable on the different types of divorce so you can explore your options and determine whether such option is appropriate for your situation.

The Types of Divorce

No-fault Divorce

An allegation or evidence of fault of either party is not required in a no-fault divorce in order to terminate the marriage. One of the parties or both parties can file the application for a no fault divorce.

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Fault Divorce

In contrast with no fault divorces, fault divorces require an individual to prove that his or her spouse is at fault before a divorce can be granted. Grounds for fault divorce vary in every state but in general they include adultery, abuse, desertion, alcoholism or drug addition, incarceration, and insanity.

Summary Divorce

A summary or also known as simple divorce is allowed in some jurisdictions and is used when spouses meet specific eligibility requirements or can mutually agree on key issues of divorce in advance. The requirements for you to be eligible for a summary divorce are: you should have a short duration of marriage which is less than 5 years, you must have no children or in some states, when the spouses have negotiated and resolved custody and child support payments, you must have little or no property, your marital property should not be more than $35,000 and the personal property of each spouse must not exceed the threshold that is the same as the marital property.

Uncontested Divorce

A divorce is uncontested when both parties are able to reach a mutual decision, with or without lawyers or mediators, regarding their property, children and payment support issues. When the spouses agree on these matters and are able to show the court a just and a reasonable agreement, it is almost guaranteed that a divorce will be granted. If the parties do not find it possible to reach an agreement, they may request the court to preside over the case and decide how to divide their property and manage their children’s custody.

Collaborative divorce and mediated divorce are considered uncontested divorces.

Collaborative Divorce

In collaborative divorce, the parties discuss and negotiate a resolution with the assistance of lawyers who are trained in the collaborative divorce process. The parties have the power to make their own decisions based on their needs while being guided with full legal assistance. The divorce attorneys involved in the case agree that they will not engage themselves in representing the parties in litigation if the parties do not reach any agreements. However, if this happens, the information during the collaborative process can later be used in further legal proceedings. The disadvantage of collaborative divorce is that there is no specific time frame set for the completion of a divorce.

Mediated divorce

In divorce mediation, a mediator who is a neutral third party facilitates the discussion between the two parties by aiding with communication and offering information and suggestions to help them resolve conflicts or differences. The mediation process must be able to help both parties to develop a suitable divorce agreement that can be submitted to the court.

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A divorce document is a legal document intended for the divorce process. Using the right legal divorce document for your particular situation depends on how you want to proceed with your divorce. You may need a divorce document for an uncontested divorce, contested divorce or other type of divorce that will be appropriate for you.

Regardless of whether you file on your own or you have your lawyer file them, it is necessary to know which documents are required for the process.

Facilitating your divorce includes selecting the right legal divorce document for your particular situation. If you use the wrong divorce document, it can delay or even prevent your divorce. Because of this, it is still important to consult a lawyer regarding the appropriate documents you need.

In your divorce, you will have to file a formal petition with the court and provide documentation to support all requests that you make. In general, all divorce-related documents that you file with the court must be original copies. Here are the important documents you need in a divorce.

Petition for Divorce

In order to file for divorce, you or your spouse must draft a divorce petition which is also known as a petition for dissolution of marriage which outlines your reasons or grounds for getting a divorce. At the same time, it also enumerates what you are seeking from your spouse when it comes to financial support and division of property.

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Documents for Child Custody

When it comes to child custody issues, you will have to file separate child custody documents together with your petition that declares your proposal on custody and visitation arrangement.

Evidences of Finances

You must fill out a financial affidavit if you are seeking child and spousal support. Aside from this, you will have to show proof of your income, assets and debts that must be in writing. Also, if you are asking for support from your spouse, you will need to provide additional supporting documents which include mortgage documents, house and car insurance, utilities, educational expenses and reports on medical expenses.

Mediation Documentation

You have to show the court any documentation produced during mediation if ever you have worked with a divorce mediator previously.

Separation Agreement

If prior to filing for divorce, you and your spouse signed a separation agreement, you must also submit it to the court because the judge may want to review the document. A marital separation agreement is an agreement between the two spouses about certain divorce issues such as the distribution of your property, alimony and child support, who will pay for marital debts, and who will cover the health insurance of the children and the like.

Supporting Documents

Other supporting documents you will need to provide include tax documents, net worth information, real estate papers including mortgage documents, tax assessments for your property, bank statements, insurance policies and other related paperwork. Also, you need to provide documentation about any debts you and your spouse incurred during the marriage.

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In the midst of troubled economic times, many people who want to resolve their debts and protect their property from foreclosure and repossession are turning to the protection of the U.S. Bankruptcy Code. Last year, more than one million people filed for bankruptcy and the numbers are constantly getting higher as recession affects numerous homes.

Many people become aware it is necessary to file bankruptcy in the middle of their divorce in order for them to save their residence from foreclosure or to take control of their bills. This can result to many inquiries as the legal procedures of bankruptcy and divorce overlap.

When Your Spouse Files for Bankruptcy

All property obtained during the marriage becomes a part of the bankruptcy estate when your spouse decides to file bankruptcy. Depending on which type of personal bankruptcy is filed, this property may be sold by the court in order to pay off debts. However, you should realize that in many cases that deal with bankruptcy, most property is considered exempted and the debtor can be able to keep the entire or most of his or her assets.

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Whatever the case may be, until the bankruptcy trustee made a decision whether the property is exempted, you and your spouse’s property may not be distributed by the divorce court.

Bankruptcy Automatic Stay

A person filing bankruptcy receives the protection of the bankruptcy automatic stay. This is a legal decree that forbids creditors from collecting on most types of debts. Aside from that, the bankruptcy automatic stay can cease foreclosure, repossession, shutoffs on utility, direct credit contact, some wage garnishments and lawsuits.

In 2005, the new bankruptcy law took effect and it was declared that a former spouse’s responsibilities cannot be dismissed through bankruptcy. In effect, the bankruptcy automatic stay cannot stop you from paying alimony or child support. At the same time, it cannot prohibit a spouse from requesting the divorce judge to order alimony and child support from you.

Filing Bankruptcy Jointly

If you are getting a divorce and want to file bankruptcy, filing jointly may be an option to consider. It can make the final distribution of the remaining assets easier when a couple jointly files bankruptcy. In addition, filing joint bankruptcy is basically cheaper than filing bankruptcy separately.

However, it is important to realize that when you file for bankruptcy, it will most likely create an impression on your divorce case and will most probably have an impact on your property and finances regardless whether you are filing bankruptcy before, during or after a divorce.

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If you or your spouse is filing for bankruptcy or if you are contemplating on filing for bankruptcy and you are getting a divorce at the same time, it is essential weigh the advantages and disadvantages of the situation so that you will not regret your decisions in the future. Consulting a divorce or bankruptcy lawyer can be beneficial because they can be a good resource person to talk to if you have further questions about filing bankruptcy.

A marriage is said to be legally terminated by virtue of a legal document called a divorce record. This is a court document that contains the reason for the divorce as well as the settlement agreements.

Through the divorce record, each spouse obtains full legal protection of his or her interests. In addition, the assets the couple has acquired during their married are divided. The document also stipulates if there are any spousal support payments and child support payments.

Every state has its specific divorce process to follow. However, in general, the process is initiated by either the husband or the wife by filing a lawsuit and petitioning the court for divorce. The person who files the petition is called the petitioner and the other spouse is referred to as the respondent. With an attorney’s assistance, the petitioner declares his or her demands out of the divorce. The respondent is provided a specific period of time to respond to the petition. If the respondent does not respond to the petition for divorce in a punctual manner, the court grants the petitioner the divorce that he or she requested together with all of his or her demands.

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However, divorce proceedings or litigation occurs when the respondent contests the divorce or if he or she disputes the settlement agreement. In litigation, the two parties negotiate in order to reach a mutual decision. If the two parties cannot agree on the terms of the divorce, the case is put on trial and the judge makes the final decision.

When a final settlement is made, the assigned judge makes, files, and signs the final divorce decree. This decree serves as a public record of the terms of the divorce.

Information That Can Be Found in a Divorce Record

A divorce record contains basic information such as the full legal names of the petitioner and the respondent, the filing date of the divorce, the place where the petitioner filed the divorce and the date when the divorce was granted. Other information that a divorce record may include are the petitioner and respondent’s credit card balance information, debt disclosures, the assets and how these assets are divided, income tax returns, calculations and arrangements for spousal and/or child support payments.

The Importance of Divorce Records

Generally, divorce records are considered as public records. Thus, it can be easily accessed by the public. However, there is an exception and that is if a court order has declared the divorce decree confidential.

There are numerous instances wherein divorce records are useful. Some of the uses for divorce records are to verify if an individual is legally divorced, to know if a person has been married before, to be able to locate a person, to discover prior cases of spousal abuse, and to find out if a person has a history of illegal acts.

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Nowadays, public records like divorce records are made available online. They become accessible with the assistance of companies that specializes in background checking. You also have the option to undertake the search on your own to be able to save money.