Marital assets and marital debts must be equitably divided between the parties. The word “equitable” does not necessarily mean 50/50. There is no exact formula or standard for the trial courts to follow to arrive at an equitable division of marital property and debts.
Division of the Marital Estate
A support alimony award is based on two factors: (1) a party's need; and (2) the other party's ability to pay. There is no exact formula to follow in calculating support alimony. However, the court must consider the station in life and conduct of the parties, earning capacity and estate of the parties, and the contributions of the recipient to the marital estate.
Indirect contempt is the willful disobedience of a lawful order or process of a court. Thus, orders pertaining to the division of property and debt, payment of child support and support alimony, and visitation are enforceable through indirect contempt. The range of punishment for indirect contempt of court is up to six months in the county jail and/or a $500.00 fine.
A Victim Protective Order provides immediate civil, non-monetary relief for victims of domestic abuse, stalking, an harassment. These Orders have been extended to protect any animal owed by the victim, the defendant, or any minor child residing in the residence of either party. The maximum amount of time in which a protective order can remain in effect is five years.
Before a grandparent may be awarded visitation rights, the following must be established: (1) The Court must determine that it would be in the minor child's best interest to have visitation with his or her grandparents; (2) There must be a showing of parental unfitness or clear and convincing evidence that the grandparent has rebutted the presumption that the fit parent is acting in the best interest of the minor child by a showing that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent; and (3) The intact nuclear family has been disrupted.
Grandparent Visitation RIghts