Based on current data, it is estimated that around 41% of marriages in the U.S. will end up in divorce. The median time that the first marriages lasted before they were dissolved is about 8 years. The divorce rate for second marriages skyrockets to about 60 to 67% and to 73% for third marriages.
The Family Code is a key factor in determining the manner in which divorce and child custody disputes are resolved in court. It is the legal basis that defines the rights and obligations of spouses, parents, and children throughout the marriage’s dissolution and beyond.
Family codes differ by state. For instance, the Texas Family Code explicitly states that it is Texas public policy to guarantee that children will have frequent and continuing contact with parents. The state family code also states that it is public policy to “provide a safe, stable, and nonviolent environment for the child.” This code is used as a point of reference for courts when coming up with judgments in family law cases. Courts should see to it that their decisions comply with Texas laws and that the children’s welfare and fairness are prioritized.
Let’s know how the family code influences the outcome of divorce and custody cases.
Overview of the Family Code
The Family Code is an all-embracing and extensive collection of legal rules that governs families’ issues, including marriage, divorce, and child custody. The main aim of the law is to provide justice and clarity to all the parties involved, thus easing the dispute resolution process.
Once you get a firm hold on the subject, it will be possible for you to have a better feeling of security and worry less when problems in the family occur. The Family Code covers the following situations: one is that you, as a couple, are facing a decision regarding your marriage, and the other is a family with a child who is affected by the custody arrangements.
The Family Code is always there to help you deal with the struggle in a more tailored and supportive way.
Key Provisions Related to Divorce
Understanding the key provisions in the Family Code can greatly affect your divorce experience. The provisions deal with the core aspects of dividing assets, spousal support, and divorce grounds.
Knowing the different categories of marital property is important for claiming what is justly yours. The duration of marriage and the economic conditions of the partners might affect the size of the financial support granted.
The question of the legal basis for divorce is an extremely complicated issue. Being well-versed with these reasons allows you to pick from an entire spectrum of options, which includes a friendly resolution and other scenarios.
Knowledge of these aspects will enable you to proceed with a divorce in a more aggressive manner and, at the same time, will give you a clearer understanding of what to expect, reducing the tension not just for you but also for your family.
Child Custody Guidelines and Considerations
According to family lawyer Jessica Connarn, during divorce proceedings, the safety and comfort of your children is of utmost importance. There’s a lot to account for, such as who the children will live with and how parenting duties will be divided.
Speaking, the court’s assessment factors will consist of the child’s age, the child’s bond with each parent, and the parent’s capacity to offer a loving and secure home. You must communicate well with your ex about the child and reach a mutually agreeable decision.
Applying daily repetition and a schedule can lessen your child’s suffering during this difficult period. The child will not feel the impact of the change in living arrangements if his/her parents work through the situation with love and patience.
Asset Division Principles
It is important to understand asset division principles during a divorce, as the way assets are divided between you and your spouse will significantly affect your financial future.
The Family Code usually adheres to either community property or equitable distribution as its two main approaches. In community property jurisdictions, spouses typically share their assets earned during the marriage evenly.
Equitable distribution, meanwhile, examines several factors, like the economic situation and the individual contributions of both partners. Including all properties and accounting for even the concealed ones is important for an accurate valuation of the involved assets.
Proper steps from both sides and simultaneous communication would foster a fair negotiation process. The negotiators would then have no issue building trust between them and assuring respect for their opinions.
Long-Term Implications for Families
The long-term effects of divorce on family matters can be quite strong and sometimes even unchangeable. The emotional fallout can change how you relate to your kids and family, which may happen gradually.
In the new family arrangement, children may get mixed up about their identity and their place. The need for co-parenting invariably leads to effective communication and collaboration as the two major factors that contribute to a nurturing environment.
There might be a scenario wherein the family’s financial situation becomes less favorable by leaps and bounds and the family goes through a tumultuous period with limited chances, having to face the downside of the situation.
It is a must to make every member of the family feel important and listened to.
Collectively addressing these matters will strengthen the family bond, enhance the interaction between the different members, and gradually lead to the acceptance of the changes as a new phase of life.
