How the furniture would be divided in the case of a divorce can be a bit of disputative matter. Especially if one spouse has to set up a new home and does not want to let go of the furniture while the other spouse is also unwilling to let go of the furniture or personal items acquired in the course of the marriage.
So, in cases when an agreement cannot be reached, how is furniture such as mattress, chairs, tables, and so on divided in a divorce?
How would the furniture be divided among the couple in a divorce? Normally, the separating couples ought to sit down and agree upon who will get what. However, that might not always be the case. In situations where a mutual agreement cannot be reached, they will need to sell the items and split the money accordingly.
Likewise, if they both agree, one of the parties can keep the item and pay the other party their share of the furniture is worth.
How Are Properties Divided Between Separating Spouses In A Divorce?
If you are considering divorce, it is expedient for you to understand how the court would divide the properties you have acquired during the marriage. In every divorce case, spouses must divide all the properties acquired during the marriage before the judge would grant their request for a divorce.
Couples can either come to a mutual agreement to determine the property each spouse will go away with or they can allow the court to decide it for them.
In the case of the properties which you brought with you to the marriage or that you acquired alone during the relationship, you will have to ask the judge to label such properties as separate property.
If you claim that a property is a personal one, you would need to prove it with receipts of ownership, witnesses, or any other form of evidence.
The judge would then categorize properties as separate or marital and then go ahead and divide the marital properties fairly between the couple. A fair division does not necessarily mean an equal division i.e. 50/50.
However, not only properties are to be divided between the couple. If any debts were incurred in the course of the marriage, it is divided equally between the couples.
Another disputative matter during divorce is who gets to stay in the house after? The party that gets to keep the house would be determined based on different factors. If children are involved, the parent who gains custody of the children gets to stay in the house.
If children are not involved and the house is a separate property of one of the couples, then the owner gets to stay in the house and has the legal rights to ask the other party to leave. However, if children are not involved and the property is marital, then neither of you has the legal right to ask the other to leave.
You and your spouse can come to a mutual agreement but if no mutual agreement is reached, the court would decide what would be done during the divorce proceedings.
Who Gets Custody Of The Children In A Divorce Case?
One crucial issue in divorce is who gets custody of the child or children. This would be determined by the judge after examining certain considerations and factors. Judges must decide who gains custody of the child having the best interest of the child at heart.
The judge ought to focus on the child’s needs and not be biased by focusing on the parents’ needs. The law requires that the judge give custody to the parent who is best situated to meet the child’s needs.
Some of the things the court considers when determining who gets to gain custody of the child are:
- Is there a suitable place to live for the child?
- How will the child be fed and clothed?
- Would the child receive proper upbringing and supervision?
- Would the child get sufficient emotional support?
- Which of the parent has been looking after the child before divorce?
- Is there any form of child abuse by any of the parents?
- Is any of the parents a drug or alcohol addict?
- Has there any form of domestic violence done to the child by any of the parents?
For children aged 12 and above, the court must put into consideration their opinions.
Implications Of Divorce On The Children
Divorce can be quite depressing for the couples but it has an even greater implication on the children both emotionally, physically, and mentally. Before finalizing on divorce, both parties should consider the effect it would have on their children. Some of the effects of divorce on children are:
The aftermath can cause a child to become tense, anxious, and nervous. This effect is more prone in younger children than in older children. It can cause them to lose concentration on their studies and also lose interest in activities they once enjoyed doing.
ii. Mood Swings:
Children also tend to suffer from mood swings as a result of divorce. Some children might go into a withdrawal mode and shut themselves from the rest of the world. They become quiet and would rather be on their own.
Most children whose parents have undergone a divorce have a common misconception that they are the reason why their parents got separated. They then shoulder the responsibility of trying to fix the relationship leading to undue stress.
iv. Deep Sadness:
Such children tend to be very sad and may eventually go into depression. They tend to have trouble in relationships. Most of them grow up having doubts about love and finding it difficult to trust anyone.