Fundamentals of Divorce Law





Fundamentals of U.S. Divorce Law Copyright HG.org

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.


Divorce Law Basics by State

Divorce Law Articles

  • If Your Spouse Files for Divorce While on Deployment
    Even under the best of circumstances a marriage can be difficult and often times will not work out. Being a service member whose duty at times requires overseas deployment for long periods of time can lend even more strain.
  • 10 Things to Know About Divorce for Florida Residents
    If you are a Florida resident and thinking about getting a divorce, there are several things you should keep in mind about Florida’s divorce laws. These items are important aspects to saving you time, sanity or both.
  • Getting Social Media Evidence Admitted In Court
    Knowing the rules of evidence in your particular state is vital to getting social media admitted into evidence. Cross-examination is often a time where you get much of the information admitted. This is accomplished through showing them the information on their page to verify that the data contained on their page is authentic.
  • How Do You Determine Who Owes What Debt?
    Divorce cases are already confusing without trying to figure out how all of the financial obligations are going to be divided between both parties. Many people think that they don’t have to worry about their debts because they can pawn them off on the other party. Just because you can get rid of the spouse, that doesn’t mean your debts are going to disappear as well.
  • The Calculation of Child Support in California
    Like many states, California uses child support guidelines to help determine the amount of child support that should be awarded in any particular case. Child support is determined by taking several factors into consideration.
  • Do I Have a Family Case? How to Determine if My Situation Is a Case for a Lawyer
    While some individuals are able to reach an amicable decision with another individual in a family law dispute and maintain a healthy relationship, the majority of individuals who go through these types of disputes can benefit from the assistance of having a lawyer.
  • We Got Married in One Country, Live in Another Now and Want a Divorce.
    Where do I find a divorce lawyer (where we live now or where we got married)? Many countries, including the United States, allow you to get a divorce there, even if your marriage occurred in another country. Laws can vary drastically between countries, so be sure that you consult with your attorney regarding the steps necessary to get a divorce and whether the divorce will be valid in the country where you are currently residing.
  • Six Financial Dos and Don’ts When It Comes to Divorce
    Nobody said the divorce process was easy—but know life after divorce is possible. During a divorce, you’ll be faced with several important decisions that will ultimately affect your life both short- and long-term. Keeping your financial security in mind will make all the difference.
  • Obtaining Discoverable Information in Litigation
    Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
  • Electronic Discovery: Model Code of Conduct, Clawback Agreements and Quick-Peek Provisions
    With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.

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