Fundamentals of Divorce Law

Fundamentals of U.S. Divorce Law Copyright

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

  • Steps of Protective Divorce Preparation
    In today’s world, it is just as likely that a marriage will come to an end due to divorce just as much as it is for the couple to stay together. Marriages come to an end for many reasons, including adultery, problems communicating, control issues or many other reasons.
  • 3 Must-Have Types of Legal Videos
    Our team has worked with numerous attorneys over the years, and by far the most common goals have been generating more leads, which convert to clients, and more time, so attorneys can focus on growing their practices. By implementing these 3 types legal videos for your firm, you can do just that.
  • Helping High Net Worth Clients Navigate Complex Divorce Issues
    Even the most amicable divorces can have stressful negotiations when it comes to deciding the division of property, child custody issues, and spousal support; however, divorces in New Jersey that involve couples with high assets can be even more problematic.
  • Forensic Accounting and Divorce
    Forensic accounting is essentially accounting used in a legal setting. When going through a divorce, couples can expect a division of all marital assets and debts. This includes obvious assets, such as homes, cars, bank accounts, and credit cards. For high asset couples, this property may include stock options, restricted stock, deferred compensation, businesses, retirement, and insurance plans, trusts, and property in multiple states.
  • How to Beat a DUI in New Jersey
    In New Jersey, just as it is throughout the United States, it is illegal to drive a car if your blood alcohol content (BAC) is 0.08 percent or higher.
  • Top Five Ways a Divorce Lawyer Can Help You
    When divorcing, you hire a divorce attorney to do the things you are unable to do. The first and most important duty an attorney has is to help you navigate the often complex family law court system. Hiring a divorce attorney provides you with the best opportunity to successfully proceed with your case, giving you a much better chance for a positive outcome.
  • Determining Child Support in Colorado
    When divorcing couples have young children, determining child support will be one of the most important aspects of the final divorce agreement. Often, this issue can be hotly contested.
  • Florida Allows Post-Judgment Modifications for Alimony--What You Need To Know
    Alimony, known as spousal support, unless waived by both parties as part of the final judgment, is available in Florida for either spouse as needed during the litigation for a divorce, known as dissolution of marriage, and following the final decree.
  • LGBT ‘De Facto’ Parental Rights
    Advocates for the rights of lesbian, gay, bisexual, and transgender (LGBT) parents are hailing a recent decision by the Maryland Court of Appeals that overturned a 2008 ruling that limited the rights of ‘de facto’ parents.
  • Child Support Payments
    How does an obligation to pay child support impact someone’s right to workers’ compensation benefits?

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