Updated February 11, 2021


Favicon for website

OurDivorce™ Basics

What are Children?

We all know what a child is, but with regards to your divorce, when we use the term “children”, we’re referring to children under the age of 18 born to the two of you before or during the marriage, conceived during the marriage but born after the marriage is terminated, or children adopted during the marriage.

If the wife becomes pregnant by adultery during the marriage, unless the husband challenges the paternity before or during the divorce action, the husband is presumed to be the father of that child.

For our purposes, “children” also includes adult incapacitated children.

Icon illustration of Adult and Child

🤔 Understanding how Children affect your divorce.

Nothing will affect your divorce more than your children. Similarly, nothing will likely affect your children than your divorce. Your willingness to put their needs first will largely define your future relationship with them and their views on marriage.

We very strongly encourage divorcing couples to focus on the needs of their children over and above all else. This includes the paying of the proper child support, the agreement and adherence to a fair and equitable custody arrangement and parent time schedule, and a commitment to co parenting.


Jerry and Sally have two school age children. Because they love their children, Jerry and Sally agreed that Sally should remain in the marital home so the children can maintain their school and neighborhood relationships. In addition, Jerry and Sally agreed to a joint custody arrangement and to share parenting time equally. Finally, they entered the required information to determine child support and Jerry agreed to pay $950 a month to support his children.

Next: Learn about how Personal Vehicles affect your divorce.

Ready to get started?