In fault-based divorces, the spouses must live separately for a continuous period of two years before a final divorce decree will be issued.

Divorcing couples can work out a “marital separation agreement” where they agree to split assets and debts any way they choose.

dating while divorcing with kids-83

The values of IRA and 401(k) plans are fairly easy figure out because a statement is issued showing how much is in each account.

Pension plans, on the other hand, are not paid out until after retirement, and therefore, may be difficult to value today.

Moral fitness as it relates to the welfare of the child will be taken into consideration.

Any parent who has been found guilty of physically or sexually abusing the children will not be given custody and may be barred from any type of visitation altogether.

A court will want to review the agreement, however, to ensure that the division is fair and that property is divided equally between spouses.

For example, if one spouse is awarded the family home, the other one must receive property or assets of equal value.

The family court is not likely to award alimony if one spouse deserted the family or committed adultery.

Divorce courts charge filing fees, for example, when you file your petition for divorce.

Many couples must hire an actuary in order to determine the present value of a pension.

Depending on the type of plan, you may also need a Qualified Domestic Relations Order (QDRO) from the court, which enables a plan administrator to divide benefits between spouses (either during divorce or at a later date).

Determining how to divide retirement benefits can be a very difficult process.