U.S. Divorce Law Center - Fundamentals of Divorce Law
Divorce Law Basics
The legal termination of a marriage is referred to by different names, Divorce and Dissolution of Marriage being the two most well-known. Couples seeking a divorce must obtain one via a court judgment, after which they will be awarded a judicial decree which declares that the marriage is dissolved. After a divorce has been legally finalized, both parties are free to remarry, pending time restrictions in some jurisdictions, which vary.
Divorce orders may address various issues depending upon the specific circumstances of the parties to the divorce, such as whether there is property to be divided and/or children for whom provisions must be made. Therefore, when applicable, these orders may deal with matters such as property and bill division, alimony or spousal support, child custody, visitation, and child support, as well as any other pertinent matters that the court judges to be relevant and necessary.
When a divorce action is initiated, it may be brought by either or both parties and may be contested or uncontested. When both spouses desire the divorce and are able to come to an agreement on the relevant issues, they may obtain an uncontested divorce, which allows them to proceed through the court process far more easily and quickly than when there are unresolved issues. These uncontested divorces are the most common. Quite often these types of divorces are obtained without legal counsel.
A smaller group of married couples, though, are unable or unwilling to reach an agreement with regard to the termination of their marriage and the ensuing issues. These contested divorces take a great deal longer, make it necessary to retain legal counsel, and usually require judicial intervention to come to a conclusion and obtain orders regarding the relevant issues.
Each state creates its own laws, codes, statutes and rules for handling the termination of a marriage as well as the other associated factors. Common law in each state also plays a role. Because of this, there is no uniformity, and instead divorce laws, policies and procedure often vary greatly from one state jurisdiction to the next.
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Divorce orders may address various issues depending upon the specific circumstances of the parties to the divorce, such as whether there is property to be divided and/or children for whom provisions must be made. Therefore, when applicable, these orders may deal with matters such as property and bill division, alimony or spousal support, child custody, visitation, and child support, as well as any other pertinent matters that the court judges to be relevant and necessary.
When a divorce action is initiated, it may be brought by either or both parties and may be contested or uncontested. When both spouses desire the divorce and are able to come to an agreement on the relevant issues, they may obtain an uncontested divorce, which allows them to proceed through the court process far more easily and quickly than when there are unresolved issues. These uncontested divorces are the most common. Quite often these types of divorces are obtained without legal counsel.
A smaller group of married couples, though, are unable or unwilling to reach an agreement with regard to the termination of their marriage and the ensuing issues. These contested divorces take a great deal longer, make it necessary to retain legal counsel, and usually require judicial intervention to come to a conclusion and obtain orders regarding the relevant issues.
Each state creates its own laws, codes, statutes and rules for handling the termination of a marriage as well as the other associated factors. Common law in each state also plays a role. Because of this, there is no uniformity, and instead divorce laws, policies and procedure often vary greatly from one state jurisdiction to the next.
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Divorce Law Basics by State
Divorce laws vary greatly from state to state. The following links provide general overviews of individual states' divorce laws basics, such as residency and filing requirements and reinstatement of former surnames.
Individual State Divorce Law Basics
- Alabama Divorce Law
- Alaska Divorce Law
- Arizona Divorce Law
- Arkansas Divorce Law
- California Divorce Law
- Colorado Divorce Law
- Connecticut Divorce Law
- Florida Divorce Law
- Georgia Divorce Law
- Idaho Divorce Law
- Illinois Divorce Law
- Indiana Divorce Law
- Iowa Divorce Law
- Kansas Divorce Law
- Kentucky Divorce Law
- Louisiana Divorce Law
- Maine Divorce Law
- Maryland Divorce Law
- Massachusetts Divorce Law
- Michigan Divorce Law
- Minnesota Divorce Law
- Mississippi Divorce Law
- Missouri Divorce Law
- Nebraska Divorce Law
- Nevada Divorce Law
- New Hampshire Divorce Law
- New Jersey Divorce Law
- New Mexico Divorce Law
- New York Divorce Law
- North Carolina Divorce Law
- Ohio Divorce Law
- Oklahoma Divorce Law
- Oregon Divorce Law
- Pennsylvania Divorce Law
- South Carolina Divorce Law
- Tennessee Divorce Law
- Texas Divorce Law
- Utah Divorce Law
- Virginia Divorce Law
- Washington Divorce Law
- West Virginia Divorce Law
- Wisconsin Divorce Law
Divorce Law Articles
- Divorce and Naming a Guardian for Your Children
- Maryland Lawyers Battle over Same Sex Divorce - Maryland Appeals Court Okays Same Sex Divorce
- What Children's "Best Interests" Really Mean?
- Prenuptial Agreement
- Home Security
- Hidden Dangers of Dividing Retirement
- Gaining Support
- Just and Equitable
- How the Recession Changed Divorce
- Financial Tips for Single Women after Divorce
- How to Get Divorced on Your Own?
- What Things to Consider for a Family Law Attorney
- Surveillance Tools Used in Divorce
- Reasons to Go to Divorce Court
- Will Filing Bankruptcy Affect Your Tax Refund?

