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

  • Will My Child’s Opinion Be Considered in a Custody Case?
    Divorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.
  • Sitting All Day Can Cause Back Injuries
    Many of us work desk jobs, getting up only a few times throughout the day to walk to a colleague’s office or cubicle.
  • Construction Workplace Accident Prevention
    The estimated 130 million construction workers on jobsites across the U.S. face a potentially dangerous work environment on a daily basis. OSHA (Occupational Safety and Health Administration) cites there are approximately 150,000 construction accident injuries every year, with 5,000 of those injuries being fatal.
  • PTSD
    When you are injured on the job, you are entitled to file a Workers’ Compensation claim to seek monetary compensation for your lost wages while you are out of work to recover.
  • Mistakes to Avoid After a Workplace Accident
    If you are injured in an accident at work, the moments and days following it can be overwhelming. You might not know what to do after you are injured, which can cause you to make mistakes that jeopardize your ability to receive Workers’ Compensation.
  • Power Lines and Farming Accidents
    According to the U.S. Bureau of Labor Statistics, farmers and others who work in the agricultural industry are among the top ten types of workers most at risk for being killed in a work-related accident.
  • Filing a Claim Is Not Suing Your Employer
    There is a common misconception that if an individual is injured on the job and pursues a Workers’ Compensation claim, they are effectively filing a lawsuit against their employer for reimbursement of medical costs and lost wages.
  • Fatal Accident at Recycling Plant
    Last month, a 42-year-old worker at a Waste Management recycling plant in Holmesburg, Pennsylvania was killed when a bale of paper fell on him during a routine inspection of his forklift.
  • Overexertion Leading Cause of Workplace Injuries
    The Liberty Mutual Workplace Safety Index identifies critical risk areas in the workplace to help businesses better allocate their safety resources.
  • Bird's Nest Arrangements Offer Big Benefits
    As families evolve and adjust to changing times, the structure of shared child custody agreements has also adapted.



Contact a Lawyer

Find a Local Lawyer