Walk It Through: The Split With Children
A no fault divorce with minor children, a custody fight, and a claim for support.
A married couple with two young children separates, and one spouse files for divorce.
Two things a person in this spot might do. Picking one shows what the law says about it.
A no fault divorce of an ordinary marriage with minor children. A covenant marriage, child support figures, and dividing the community property are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Community propertyProperty acquired during the marriage by either spouse's effort, of which each spouse owns a present undivided half.
- Covenant marriageA marriage the couple chose to make harder to end, dissolved only on listed grounds after counseling.
- Rule to show causeThe summary court proceeding in which the tenant is ordered to show why possession should not be delivered to the lessor, heard no earlier than the third day after service.
- Final periodic supportSupport after divorce for a spouse in need who was free from fault, up to one third of the other spouse's net income.
- Joint custodyThe award the court makes when parents do not agree, unless sole custody in one parent is shown by clear and convincing evidence to serve the child best.