Divorce Questions - Woman And Divorce
For a woman, divorce presents special issues. Many men complain about women receiving possession of the home,
custody of children, and court ordered support while they must move out and pay the bills. The basis of the
court's decisions however is not intended to punish or reward either spouse. The best interest of children is
the primary concern driving this common occurrence. Most studies agree: women typically provide better care for
children during their tender years. Allowing children to remain in the family home reduces their trauma during a
difficult time. Many parents wrongly assume that divorce questions revolve around their needs.
Resolution of Divorce Questions:
- Legal and statutory divorce questions are decreed by the court, through court order. Lawyers are obligated
to advise
clients of possible outcomes.
- Divorce questions requiring a professional opinion (expert testimony) are usually resolved by comparing
competing reports, deposition and trial testimony.
- Factual divorce questions about conduct during the marriage are resolved by a jury (or judge in a bench
trial) based on a preponderance of the evidence (civil standard).
- Daily scheduling and minor divorce questions are normally resolved by attorneys and parties by agreement.
If agreement is not reached, a hearing may be requested. Judges quickly grow intolerant of hearings over minor
issues.
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