When a couple divorces, how is separate property divided? Moreover, How is child custody determined?
Separate property is property/assets acquired before the date of marriage or acquired during the marriage as an inheritance or bequest.
Separate property is not divided. In a divorce, separate property remains the separate property of the spouse who acquired it.
Child custody is typically 50/50 unless facts or circumstances sway a judge to order something other than 50/50, which means that a 50/50 schedule is not in the children’s best interests or it is impractical or impossible to follow. The custody/visitation schedule must be in the best interest of the minor children.
Check out our article Common Child Custody Schedules for an explanation of different types of custody and visitation schedules.
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