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Divorce
Divorce is
said to be a legal action taken by court to
resolve the bonds of marriage between two couples.
Divorce needs some approval of a court for closure
of marriage between both parties. There are two
basic types of divorce i.e. at-fault
(imperfectness) and no-fault divorce. In no-fault
system, there is no need to show any proof of
wrongdoing of divorcee. In order to acquire
no-fault divorce, parties must not meet each other
for a certain period of time. Fault divorce system
requires a statutory force or some evidence of
wrongdoing of either party.
Domestic
Partnership
Domestic partnership is
said to be a personal relationship between
different or same sexes who are sharing and
leading common domestic life. This type of
relationship is not dependant on marriage or any
other kind of legal partnership. There are some
legislatures who have shaped domestic partnership
by statue. Though, some higher authorities have
created domestic relationships in order to differentiate gender-neutral union. The relations of domestic partnerships are established to recognize the role of one partner to the property of the other. Devices like constructive trust are available to protect the interest of partners who are linked with each other through common law marriage. But in civil law or constitutional law, this type of trust is not available. So, court has to search some other ways to protect partner who have some contribution to the others property.
Child
Support
Child support is a periodic amount provided by non-custodial parent to custodial parent to get financial support for the child after the termination of matrimony. This amount is decided by the overall income of parents, age of children, medical expenses, school fees and other expenses of the child. Child support needs non-custodial parents to pay percentage out of their yearly income for their children. Child support usually ends when the child comes to the age of 16-19 or when he starts living alone.
Custodial or non-custodial parents have the right to modify the child requirements. To do this, he needs to seek help from the court to alter the support of child within the time of one year of the issuance of the order. If the income of non-custodial parents has changed or they are facing financial crises then he or she can request the court to decrease payments.
Child Custody
and Visitation
Childs custody
generally occurs during the divorce cases. It is
the duty of parent to make decisions for the
future of child. It is their right to take care of
the child. When the childs custody is given to
both members then it is known as joint custody. In
this way, both parents are responsible for their
children. There are two different types of joint
custodies: joint legal custody and joint physical
custody. In joint legal custody, both parties have
equal rights to make decisions for the child
welfare. In such case one person takes the
responsibility of physical custody and the other
provides the financial support to the child. In
joint physical custody, the childs responsibility
is done according to the courts parenting schedule. It gives each parent significant time period of physical custody of the child. In this way, child stays in touch with both parents. If the parents have died or imprisoned, the actual responsibility of child is provided to orphanage or grandparents. When some court awards the childs custody to a single person then it is sole physical custody. That parent is considered as custodial parent. The non custodial parent can visit their child on weekends or other announced holidays.
Guardianship
Guardian is considered as a person who has legal rights to take care of the child and his property in case when his parents are not alive. Guardian can make decision on the childs behalf until child comes to the age of 18.
Paternity
Paternity
is known as the legal relationship between man and
the child. When a woman gives birth to some child,
his husband is said to be the father of that
child. But in case, if there is no information
about the father, then court decides the ascendant
of the child. Courts perform some specific tests
of the man and the child to calculate paternity.
DNA examination usually conducted when a party
faces paternity assertions. If DNA test results in
the match of both man and the child then that man
is considered as the ascendant of the child and he
has to support that child monetarily.
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