How to Split Custody When You’re Divorced

The divorce process can be complicated. It is not just about dividing assets and property, but also deciding on everything from spousal support to child custody and visitation. There are some important rules for spousal support, child custody, and visitation. Albuquerque divorce lawyers can explain each one of these rules to you.

Spousal support: When a couple divorces, one spouse may be entitled to spousal support. Spouses are not always equally disciplined in the work force or have equal earning potentials. In these cases, it is necessary for one of them to provide financial assistance to the other when they no longer live together and share assets such as income and property. Courts typically order payments from some form of shared asset account called “marital estate” into an individualized needs account on behalf of each party until their divorce decree has reached its final judgment date.

Child custody: Who gets what child? The old rule that you should never let lawyers near your children doesn’t really apply anymore because there is no universal law on child custody. Whether a couple’s children will live primarily with one parent or spend time equally between both parents is up to the court, which considers all of each family’s circumstances and tries to make an arrangement that is in best interest for the kids (even if this means spending most of their time away from home).

How do I get visitation? The right to visit your children goes by two different names–visitation rights and parenting time. Either way, it gives you the chance to have contact with them even if they don’t live with you full-time. If there are problems getting along during visits then these can be addressed within a formal agreement called a “parenting plan.”