Fundamentals of Divorce Law

Fundamentals of U.S. Divorce Law Copyright

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

  • Deciding Where Possessions Go During a Divorce
    If divorcing couples are unable to agree on the distribution of their marital possessions, the court steps in and divides the property for them.
  • 6 Things to Do After Receiving Divorce Papers
    Sometimes divorce is finally filed after years of separation and is well anticipated. In other cases, it comes as a complete surprise to the person receiving paperwork. After receiving divorce papers, individuals must take immediate action to protect their legal rights and future.
  • Income Used to Calculate Child Support in Texas
    Child support in Texas is calculated based on pre-existing guidelines that take into consideration a number of factors to arrive at a fair child support amount. One factor used to determine the amount of child support is your income level. Several different types of income are used to calculate child support in Texas.
  • Getting Child Support from Someone Outside the Country
    While the United States recognizes the need for both parents to provide support to their children, other countries may not honor the child support orders that originate from the United States. Having a spouse who lives outside the country can make it more difficult to collect child support, there may be options available to the custodial parent.
  • Cohabitation under the New Alimony Statue: Whose Law Is it Anyway?
    By now most New Jersey residents are aware of the 2014 amendments to the NJ alimony statute, N.J.S.A. 2A:34-23.
  • Can I Extend Alimony?
    Alimony – or spousal support as it is called in many jurisdictions – helps provide monetary payments from one spouse to the other spouse after a divorce or separation. Its purpose is to support the spouse receiving the payments during a specified period of time, usually with the goal of this spouse becoming financially independent. However, sometimes the recipient spouse may not yet be financially independent and may wish to extend the duration of alimony payments.
  • Can I Get Palimony?
    Palimony derives its name from alimony that is paid to a person who was living with another person buy the two were not married to each other. It is similar to alimony, but the requirements to receive it may be heightened or not afforded in some jurisdictions.
  • Same-Sex Divorce Negates Woman’s Visitation Rights
    State laws prevailing over same-sex divorces are deficient, which creates a significant disadvantage regarding child visitation rights for same-sex couples who had children before they were legally married.
  • Grandparents’ Visitation Rights
    A recent Westmoreland County ruling could affect the way Pennsylvania courts handle visitation and custody rights of grandparents.
  • Proposed Law Would Shorten Divorce Waiting Period
    In Pennsylvania, there are three basic types of divorce. The first two are not based on fault, but rather on the premise that the marriage is irretrievably broken.

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