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

  • When Ex Parte Orders Are Appropriate
    Ex parte orders are sometimes used in family law cases when there is a sense of urgency.
  • Private Investigator Tools of the Trade
    Private investigators are specially trained individuals who employ a number of investigative techniques and tactics to discover important information that is often concealed from others. Some of the tools of the trade they use are very sophisticated while others are seemingly more common. These tools include:
  • What Are Automatic Temporary Restraining Orders
    Most states realize that divorce actions are fairly common. Rather than having individual lawyers petition for certain actions or prohibiting certain actions, many jurisdictions incorporate automatic temporary restraining orders. This creates a clear set of guidelines of conduct expected and prohibited during the pendency of a divorce action.
  • What to Do if Child Protective Services Social Workers Are Investigating You
    If you are being investigated by the Child Protection services there are a few things that you should do to protect yourself and your child to the best of your ability.
  • CPS and Parentís Rights
    CPS decoded: CPS stands for Child Protective Services and is the governmental agency that is responsible for providing child protection. They usually respond to complaints about child abuse or neglect.
  • Changing Beneficiary Designations after a Divorce
    Divorces are never easy. Aside from the emotional aspects of it that are always difficult to deal with, there are many practical things to consider after a divorce is complete that few people think about until it actually becomes a problem.
  • Interstate Custody Laws in New Jersey
    Custody of children is always a complicated situation. Especially when it comes to cases of interstate custody and the laws surrounding it.
  • Parental Alienation in New Jersey
    New Jersey is not the easiest state to fight a parental alienation case. However, with the right strategy and the right attitude, you can win.
  • Contested vs. Uncontested Divorce
    There are several types of divorce proceedings and manners that couples decide to dissolve a relationship. One that provides a swifter conclusion is an uncontested divorce. The other that may cause extensive time, money and energy to resolve is a contested divorce.
  • How Is Child Support Calculated In New Jersey?
    There are many variants that can affect the amount that the non-resident parent is liable to pay towards the childís/childrenís upbringing which will mean that a friend or family member with the same amount of dependants may be paying a different amount.



Find a Lawyer

Find a Local Lawyer