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

  • Important Differences Between Enforcement of Spousal Support Orders and Enforcement of Civil Judgments in California
    Spousal support refers to an ongoing series of payments payable to one spouse over a specified duration of time after a divorce. For spousal support to be enforceable under California law, a judgment must first be entered by the court.
  • Unlawful Provisions in Premarital Agreements
    it is vital that any attorney drafting a prenuptial agreement know about unlawful provisions. Otherwise, a client may later be unhappy if provisions of a premarital agreement, or an entire premarital agreement, is later deemed to be invalid because of the inclusion of unlawful provisions. In addition to the information provided in this article regarding unlawful provisions, any attorney should be careful that they are complying with the laws in their specific jurisdiction.
  • Parenting Time and the Upcoming Holidays
    The holidays can be stressful - add in the fact that you may be going through a divorce or separation. Here are some helpful hints to guide you through the holidays and parenting time in order to make the holidays pleasant for you and especially your children.
  • Texas Child Support Modification: Family Law IN Texas
    Top things to consider when seeking legal representation in a Texas Child Support Modification. We also explain the typical costs involved in a Child Support Modification case and important factors worth considering when trying to determine if a family law attorney is going to be a good fit.
  • Family Limited Partnerships and Divorce: Structuring the Division
    Family Limited Partnerships can present unique challenges in divorce litigation relative to the division of property and debt. It is vital to understand the key components, their structure and various valuation methods in order to effectively represent a client where a Family Limited Partnership is part of divorce proceedings.
  • Child Emancipation and Disability in Colorado
    Colorado child emancipation and disability cases can be complicated ones. This article addresses the basic issues with respect to state law.
  • Divorce Can Derail A California Family Business
    How a marital dissolution action can affect an family business in California.
  • 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.

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