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

  • Does Joint Custody Mean that Neither Parent has to Pay Child Support?
    While it seems sensible that parents who have “joint custody” would not need to pay child support because they both have the child, there are many situations in which one of the parents must provide child support. Read over the following information and then discuss what rules apply to your case with a family lawyer in your jurisdiction.
  • Relocating After a Connecticut Divorce
    Relocation after a divorce can have legal consequences.
  • Divorce Discovery Law in New York and Connecticut
    Issuance of Out-of-State Subpoenas and taking depositions out-of-state divorce actions.
  • Common California Family Law Questions Answered
    Twelve common family law questions.
  • Divorce and the Child with Special Needs
    When the parents of a child with special needs are divorcing, or are considering divorce, it is important to accurately access the emotional and financial requirements that will need to be met for the good of the child.
  • How To Financially Prepare For Divorce
    At Huesman, Jones & Miles, LLC, our dedicated Maryland family law attorneys understand that the decision to end a marriage has major consequences in every area of your life. Understanding and preparing for the financial implications of divorce should be one of the first steps during the divorce process.
  • Common Divorce Mistakes
    Dealing with the financial and emotional aspects of divorce can be extremely taxing. Recognizing and avoiding these common mistakes make for the smoothest transition possible as couples move into the next phase of their lives.
  • A Case of Fraud and Divorce
    Sometimes in divorce cases, spouses feel that they have been defrauded by the other spouse. Sometimes that feeling is justified. They wonder whether they can make a claim for fraud in their divorce case. The case of Cramer v. Cramer looked specifically at this issue.
  • Different Issues Handled by a Family Attorney
    You are proposed to contemplate a number of distinct things, with regards to selecting quality family attorneys.
  • The Process for Custody Disputes Involving Parents in Different States
    In today’s society where travel has become easier and easier, many children have parents who live in different states. When there is a custody dispute between the parents living in different states, which state hears this dispute?

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