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

  • The Calculation of Child Support in California
    Like many states, California uses child support guidelines to help determine the amount of child support that should be awarded in any particular case. Child support is determined by taking several factors into consideration.
  • Do I Have a Family Case? How to Determine if My Situation Is a Case for a Lawyer
    While some individuals are able to reach an amicable decision with another individual in a family law dispute and maintain a healthy relationship, the majority of individuals who go through these types of disputes can benefit from the assistance of having a lawyer.
  • We Got Married in One Country, Live in Another Now and Want a Divorce.
    Where do I find a divorce lawyer (where we live now or where we got married)? Many countries, including the United States, allow you to get a divorce there, even if your marriage occurred in another country. Laws can vary drastically between countries, so be sure that you consult with your attorney regarding the steps necessary to get a divorce and whether the divorce will be valid in the country where you are currently residing.
  • Six Financial Dos and Doníts When It Comes to Divorce
    Nobody said the divorce process was easyóbut know life after divorce is possible. During a divorce, youíll be faced with several important decisions that will ultimately affect your life both short- and long-term. Keeping your financial security in mind will make all the difference.
  • Obtaining Discoverable Information in Litigation
    Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
  • Electronic Discovery: Model Code of Conduct, Clawback Agreements and Quick-Peek Provisions
    With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
  • Student Records Confidentiality Laws
    The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
  • Prenuptial and Postnuptial Agreements
    When people think of weddings, the first thing that comes to mind is love and happiness. However, most marriages end up in divorce, which is why parties need to protect themselves before that step is ever reached. To cover both your finances and other types of properties, itís crucial to look into hiring a family lawyer to draft up some kind of agreement. Typically, there are two contracts used when dealing with marriages and they are prenuptial and postnuptial agreements.
  • Financing Your Child's College in Connecticut
    The process of saving for your childís college education can seem daunting. Tuition is already substantial at so many universities, and, if current trends hold, will continue rising year after year right up to the time your child has graduated from high school and is ready to embark upon his or her freshman year of college.
  • Funding Your Childís College Education After a Connecticut Divorce
    When a divorce is pending, there are many social, financial, and legal obstacles to attend to that it is regrettably easy for the issue of funding your childís college education to slip through the cracks. Particularly when parents with younger children are seeking divorce, spouses and their attorneys tend to focus on immediately pressing issues such as child custody and visitation, division of marital property, and alimony.

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