Fundamentals of Divorce Law






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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 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


Divorce Law Articles

  • Creating a Prenuptial Agreement
    Getting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
  • US Divorce Law and Statistics
    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.
  • Is Divorce a Virus? The Social and Seasonal Forces of Divorce Contagions
    While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
  • Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for Service
    In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
  • The Pros and Cons of an Uncontested Divorce
    Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
  • New Jersey Child Visitation Laws
    Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
  • My Ex Is Moving Away With The Children, What Can I Do?
    You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.
  • How to Get an Annulment
    For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?
  • Tips for New Jersey Prenuptial Agreements
    Listen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.
  • What is the Difference Between Separation and Divorce?
    Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.