| Cases and Resources
Chapter 34: Separation,
Divorce, and Custody
Marriage Problems
Separation and Divorce
Child Custody
Alimony, Property Division,
and Child Support
Stepfamilies
Marriage
Problems
Common
Marital Problems
Many marriages suffer from the same problems. Read this article
discussing common problems among marriages that struggle.
Deciding
to Divorce or Stay in the Marriage
Deciding to end a marriage or to try to save the marriage
can be a difficult decision for many couples. This article
provides many perspectives for struggling couples to help
them decide if their marriage can be saved and describes reasons
for saving a marriage.
Therapy
Options
Some couples experiencing problems in their marriage seek
outside help from therapists. Read the description of the
therapy offered by one health center. What methods are used
to help couples solve problems?
Marriage
and Family Therapists
Families and married couples trying to work through problems
may be hesitant to seek outside help. Browse this site, created
by family therapists, and learn more about what happens in
therapy and how therapy can help heal families.
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Separation
and Divorce
Separation,
Annulment, and Divorce
Read about the legal differences between separation, annulment,
and divorce. Each topic has a series of questions and answers
to describe the process and meaning of each step.
Separation
Agreement Forms
Explore a form for a separation agreement. What information
does the form require? What is the effect of such an agreement?
No
Fault v. Fault Divorce
There are several types of divorces, each based on a different
reason. Learn about fault and no-fault divorces.
Divorce
Laws by State
Click on one of the summary tables to compare various divorce laws in different states.
Divorce
Waiting Periods
Some states are creating legislation in an effort to force
couples to wait and consider divorce before filing. Why would
states create this legislation? Do you think it is a good
idea?
Covenant
Marriage Links
Learn about the concept of covenant marriages, offered in
a few states. Which states have covenant marriage laws? Can
you enter into a non-governmental covenant marriage? Why do
covenant marriages exist?
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Child
Custody
Caring
for Children: Types of Custody
Read about the different types of child custody. Divorce often
means that children need to be cared for by parents in different
homes that may be close together or very far away from each
other. What arrangements are available for custody of these
children?
Custody
Arrangements and Divorce
This site explains the process for modifying custody arrangements and what to do if a custody agreement is violated or needs to be amended.
Determining
Custody and Visitation
This article describes the different factors a court considers
when deciding where children should live, how often parents
may visit children, and how often children may visit parents.
Are there any factors you would add to what courts already
consider?
Parental
Abductions of Children
Custody battles after divorce or separation can result in
parental abductions of children. It may seem strange that
parents can illegally take their own children. It is illegal
to take a child when both parents have a legal right to visit
with that child. It is also illegal to take a child when a
court forbids the parent from taking that child away.
Michael
H. v. Gerald D. (1989)
Read the case of “The Two Fathers,” mentioned
on page 421 in your text. What is the reasoning behind the
Supreme Court’s decision? Do you agree?
Parental
Kidnapping Prevention Act of 1980
Read the text of the Parental Kidnapping Prevention Act.
This act stops parents from abducting children and obtaining
legal custody of the children in a different state.
Uniform
Child Custody Jurisdiction and Enforcement Act
Read the introduction and text of this act mandating that
a custody decree passed in one state is valid in all states.
In addition, this law makes parental kidnapping a crime.
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Alimony,
Property Division, and Child Support
Alimony
The financial support for a spouse after divorce is called
alimony. Read about alimony, its tax consequences, and ways
to find out how much alimony a person will be ordered to pay
a spouse.
Property
and Debt Division in Divorce
After a divorce, the property and debts of both spouses and
the marriage property must be divided. Read how the court
determines how to divide property and debt. Are these guidelines
fair?
Child
Support Guidelines by State
Each state maintains guidelines to calculate the payments
a parent must contribute to the cost of raising a child. Look
at the guidelines for your state and compare them to other
states’ guidelines.
Enforcement
of Child Support
The federal government has an interest in enforcing the child
support rulings of courts. Read the steps that the federal
and state governments will take to ensure that a parent pays
the mandatory contributions toward his or her child.
Family
Support Act of 1988
The Family Support Act of 1988 requires states to
create formulas for determining child support. Read a discussion
of what the law required before the act was passed, how the
laws changed after the act, and the problems faced during
each period.
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Stepfamilies
Living
With Stepfamilies
This guide, just for young people, helps children learn to
understand stepfamilies and ways to live with stepsiblings in
a positive way.
The
Legal Rights and Duties of a Stepparent
Stepparents are the cohabitants of the biological parent of
a child. This article describes the legal “standing,”
or the legal rights, and the legal duties of a stepparent
to that child.
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