US Divorce Law and Statistics
Provided by HG.org
It is an unfortunate reality of our modern culture that divorce is common and widespread. If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.
Divorce laws vary from state to state, however, some concepts are fairly universal. Divorce, also known as "dissolution of marriage," is a legal process in which a judge or other authority legally terminates a marriage, restoring the spouses to the status of being single and permitting them to marry other individuals. Divorce proceedings also include matters of spousal support, child custody, child support, distribution of property and division of debt.
While divorcing spouses once had to show a reason for the dissolution of the marriage by assigning fault to one of the parties (such as adultery, sterility, abandonment, insanity, or imprisonment), every state now allows for "no fault" divorces, usually on the basis of “irreconcilable differences.” Nevertheless, many states still allow their courts to take into account the behavior of the parties when dividing property and debts, evaluating child custody issues, and determining child and spousal support. Similarly, some states require a period of separation prior to divorce (some also require therapy), and this has led to the creation of another category of relationship called “separation.”
For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states, both the husband and wife equally own all money earned by either one of them, regardless of which spouse acquired it, from the beginning of the marriage until the date of separation. Similarly, all property acquired during the marriage with community money is deemed to be owned equally by both spouses. Community property is generally divided equally between the spouses, and each spouse keeps keeps his or her individually owned property (usually premarital assets).
With equitable distribution, on the other hand, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally. The court may consider such factors as the respective spouses' substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other economic consequences of the distribution, the parties' needs, and any other factor relevant to fairness and equity. Alimony payments, child support obligations, and all other property will be considered as part of the equitable distribution.
The terms of a divorce are usually determined by a court, though they may take into account antenuptial agreements (also called “prenuptial agreements”) or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court's final approval. Such agreements are often reached after mediation or other forms of alternative dispute resolution. If the spouses are able to agree to the terms of the final divorce prior to filing, it is often called an "uncontested divorce." Uncontested divorces are usually much less expensive, much more amicable, and much quicker than disputed divorce cases.
In cases involving children, states have a significant public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. All states now require parents to file a parenting plan or to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally separate or divorce.
If you are preparing to divorce or are embroiled in an existing divorce, custody dispute, or disagreement over support obligations, you should contact a local family law attorney. An attorney will not only be able to guide you through the legal process, but may be able to help you devise alternative solutions that will help you and your spouse avoid unnecessary legal wrangling. Moreover, if children are involved, an attorney may best be able to help see to their best interests and give you the opportunity to spend as much time as possible with them.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
While divorcing spouses once had to show a reason for the dissolution of the marriage by assigning fault to one of the parties (such as adultery, sterility, abandonment, insanity, or imprisonment), every state now allows for "no fault" divorces, usually on the basis of “irreconcilable differences.” Nevertheless, many states still allow their courts to take into account the behavior of the parties when dividing property and debts, evaluating child custody issues, and determining child and spousal support. Similarly, some states require a period of separation prior to divorce (some also require therapy), and this has led to the creation of another category of relationship called “separation.”
For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states, both the husband and wife equally own all money earned by either one of them, regardless of which spouse acquired it, from the beginning of the marriage until the date of separation. Similarly, all property acquired during the marriage with community money is deemed to be owned equally by both spouses. Community property is generally divided equally between the spouses, and each spouse keeps keeps his or her individually owned property (usually premarital assets).
With equitable distribution, on the other hand, assets and earnings accumulated during marriage are divided fairly, but not necessarily equally. The court may consider such factors as the respective spouses' substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other economic consequences of the distribution, the parties' needs, and any other factor relevant to fairness and equity. Alimony payments, child support obligations, and all other property will be considered as part of the equitable distribution.
The terms of a divorce are usually determined by a court, though they may take into account antenuptial agreements (also called “prenuptial agreements”) or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court's final approval. Such agreements are often reached after mediation or other forms of alternative dispute resolution. If the spouses are able to agree to the terms of the final divorce prior to filing, it is often called an "uncontested divorce." Uncontested divorces are usually much less expensive, much more amicable, and much quicker than disputed divorce cases.
In cases involving children, states have a significant public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. All states now require parents to file a parenting plan or to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally separate or divorce.
If you are preparing to divorce or are embroiled in an existing divorce, custody dispute, or disagreement over support obligations, you should contact a local family law attorney. An attorney will not only be able to guide you through the legal process, but may be able to help you devise alternative solutions that will help you and your spouse avoid unnecessary legal wrangling. Moreover, if children are involved, an attorney may best be able to help see to their best interests and give you the opportunity to spend as much time as possible with them.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
