Divorce Law Center - Basics


U.S. Divorce Law Center - Fundamentals of Divorce Law





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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

  • 8 Ways to Prepare for Divorce Financially
    There are too many people that are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future, including the following:
  • Seperation - Very often couples suffer a great deal, in the course of a marriage.
    These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.
  • Factors Determining Child Custody under Georgia Law
    Going through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
  • U.S. Census Shows Fewer Divorces in Northeast
    The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
  • The Cheapest Way to Divorce
    The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
  • Equitable Distribution in New York State: How Property is Divided in Divorce
    When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
  • Divorce, Privacy and Confidentiality
    Privacy and confidentiality are both huge concerns during the divorce process, so it's important to be proactive to protect your interests by speaking with a divorce attorney. In the meantime here are some helpful tips to help you out.
  • How Family Law Attorneys Use Social Media for Evidence
    Social media users beware. What you post online can be used against you.
  • What Belongs to Joint Property of Spouses? - China
    Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.
  • What Comes First: Bankruptcy or Divorce?
    It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.