回複:如何在美國離婚

來源: wal-mart 2003-12-11 07:50:00 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (2088 bytes)
本文內容已被 [ wal-mart ] 在 2004-02-03 07:43:30 編輯過。如有問題,請報告版主或論壇管理刪除.
As far as I know, the matrimonial law varies from state to state. You had better consult a family law attorney in the state where you reside. The attorny fee is calculated according to how many hours your lawyer has spent on your case, the basis is usually at least $100/hour. If you want to save money, my advice is go to some legal service organization and law school clinics because their purpose is not for profit. Most of the states have either codified case law or enacted statute to regulate divorce. Separation is a different concept than divorce. The two parties may enter into a separation agreement or petition the court to decree a separation. Separation may not automatically result in divorce. Usually, either party may bring a suit for divorce if separation has lasted over one year. There is no absolute requirement that you hire a lawyer where a divorce case must also resolve a custody and/or support issue. In theory either party may go pro se (you represent yourself). Commonly, the standard for marital assets distribution is equitable distribution-the court will consider both parties' contribution to overall marital assets. The parties therefore have the duty to disclose the relevant asset info. Regarding the custody dispute, in theory each parent has equal right to custody, but the standard the court usually apply is, in the child's best interest (current and future). Of course, if the child is young, mother will get more chance of winning custody. For the child support, the court will estimate a rough figure according to some guideline, and then split it between parents according to their financial capacity. As to spousal support, you will be required to support your ex if she/he really need support and you have the ability to pay. One more thing, if you fail to pay child/spousal support, the court may order your employer to dedcut the payment directly from your wage. The court may also ask you to purchase health and/or life insurance and name your ex and/or child as beneficiary in case you may lose your money-generating ability in the future.



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