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Divorce: What It Can and Cannot Do for You


Support Obligations. Courts will also determine a couple's support obligations.  This can come in the form of child support and spousal support (also called "alimony").  Child support payments are now largely set by state law, but deviation from those standards are not uncommon. Also, child support orders may depend on the custody arrangements ordered.  In general, spousal support largely depends on the facts of each divorce and the divorcing couple's financial circumstances.  Therefore, here again, any attempt at predicting a court's ultimate support decision is often difficult. 

Child Custody and Visitation. Aside from the distribution of wealth, the other main function of the divorce court is to set child custody and visitation schedules.  This too is anything but predictable.  While courts often try to make their decision based on a set of factors said to promote the "best interest" of the child, these decisions can vary from case to case and court to court.  After all, in making custody decisions judges are naturally influenced by their own beliefs, opinions and values. Further, judges usually see and hear only the worst of people during heated custody proceedings. So, based on their limited "view" into the parents' lives, a divorce court may not always make the "best" possible decision when it comes to custody. Here again, negotiation and settlement are important options to keep in mind. Everybody involved in the divorce, especially the children, will benefit from a cooperative child custody arrangement.

What Divorce Cannot Do

Guarantee Precise and Equal Division. A divorce cannot accomplish an exact or mathematically equal division of property and time with children. Because no two people, no two marriages, and no two divorces are alike, the judge who enters a divorce order must make the best decision with the limited time and information available. It may not always be the fairest possible decision that could have been reached, and it is certain not to favor you individually in every possible way. Divorce courts often have to make the best of terrible circumstances.  For instance, there can be no satisfactory custody arrangement when one parent lives in Cheyenne, Wyoming and the other lives in Kalamazoo, Michigan.


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