DOES ONE HAVE TO GO TO COURT TO OBTAIN A DISSOLUTION OF MARRIAGE?

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital status the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

WHAT IS INVOLVED IN STARTING THE PROCESS FOR A DIVORCE OR DISSOLUTION?

The first step would be the filing of a properly executed petition with the appropriate court. The court must have what is called subject-matter jurisdiction, which would entail satisfying the requirements of residency within both the county (3 months) and the state (6 months). Without this threshold requirement being met the court would not have the jurisdiction to hear the matter and execute an order or decree of divorce, or dissolution, or like orders terminating the marital state. Legal separation requires only that one party be a resident of the state and county.

WHAT IS CHILD SUPPORT?

Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. (See Child Support and Visitation.) It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.

WHAT IS CHILD SUPPORT USED FOR?

• A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities.
• If the child has a wealthy parent, that child is entitled to, and therefore "needs" something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent's living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent`s other relationships).
• Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent's elevated standard of living despite custodial parent's substantially lower income. Awarding supported children a percentage of a non-custodial parent's future bonuses ensures they will share in his standard of living.

WHO CAN BE ORDERED TO PAY IT?

A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.