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Separate property constitutes any property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage because of the efforts of one or both spouses. Under modern divorce laws, separate property is returned to its original owner, while marital property is divided according to negotiated settlement and what the court deems equitable. In traditional litigation, a lawyers role is to advance the position of their client without regard to the interests of the family. This type of “winner takes all” mentality may work well in a business context, but not in a divorce where the focus is supposed to be on the best interest of the children.
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However, even in some jurisdictions whose laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
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Divorce may represent the end of a marriage, but it does not represent the conclusion of parenting duties. Child advocates are present to ensure that the interests of the children are kept in high regard while the future is being laid out between the two parties. In the case of Divorce Law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child.
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Divorce laws generally recognize two types of property during property division proceedings – marital property and separate property. Marital property consists of property that the spouses acquire individually or jointly during the course of marriage. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree.
