MENU
Home » 2016 » November » 12 » divorce laws
7:37 PM
divorce laws





#Divorce Law.

Divorce Definition

Divorce is the termination of a marriage by court judgment. A judicial decree is awarded declaring the marriage to be dissolved. It leaves both spouses free to marry again. Many states refer to it as Dissolution of Marriage. It is also referred to as Absolute Divorce, Divorce from the Bond(s) of Matrimony, Total Divorce and a Matrimonial Action.

Most divorces are obtained by agreement between both parties to the marriage, allowing the couple to progress through the court system fairly quickly and easily, some with and some without legal representation. There is a small percentage, however, that cannot come to a satisfactory agreement regarding termination of their marriage, nor the related issues.

These couples utilize full legal representation and must avail themselves of their states� legal system in obtaining a divorce and reaching decisions regarding the related issues.

What is Divorce law? This practice area is a subset of Family Law and is dictated by state laws. statutes, rules, codes and common law. Therefore, the laws and procedures can vary greatly from state to state.

Divorce Law includes the following topics and legal areas:

- Child Support . A determination of the monetary obligation parents have for their minor children. This also addresses medical and/or health insurance coverage, school expenses and the like.

- Child Custody and Visitation . Operating in the best interests of the child, it must be decided whether a child of divorce will reside full-time or part-time with each parent, visitation schedules, holiday schedules, parenting time, etc.

- Spousal Support/Alimony/Maintenance . Often one spouse will be required to provide monetary support to the other spouse for a finite period of time. Many factors are involved in determining the type of support that should be awarded, as well as the amount and the length of time it should be paid.

- Division of Property and Debt . Whether a state is a �community-property state� or an �equitable distribution state� is a large factor in determining what is marital property and what is separate property, and how property and debts will be distributed in a divorce proceeding. Other factors, such as spousal support and child support often come into play as well.

- Separation . State law varies on the recognition of legal separations, and how the topics above will be handled when a couple separates and/or when a divorce/dissolution is pending.

The Divorce Law Center on HG.org provides in depth coverage of divorce law, procedures and all its related topics for the individual U.S. States. In addition to all the topics listed above, our Divorce Law Center also offers resources, information and links covering the Fundamentals of Divorce Law ; Domestic Partnerships and Civil Unions ; Covenant Marriage Law. Legal Grounds for Divorce ; Annulment Law ; individual State Resource Links and Divorce Law-related Articles.

Copyright HG.org

Know Your Rights!

Sometimes, after a divorce has been finalized and a court has issued its final judgment or decree declaring the marriage severed, one of the spouses finds that they need spousal support.

For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question.

Filing for divorce does not have to be a hostile event. If you and your spouse have simply drifted apart and decided it is time to move on, there is no reason that a divorce needs to be a contentious battle full of expensive legal fees. In fact, it is possible to get a divorce on your own without an attorney.

Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters.

If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.

Divorces are commonly very messy affairs, with hurt feelings and concerns about the future leading former lovers to take very aggressive and hurtful actions against one another. But, when another person is involved, the matter can become even more heated, and in some jurisdictions the adulterer may actually face civil liability under a cause of action called alienation of affection.

Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation.

The decision to end a marriage can be a very complicated one. Emotionally it may be painful, a relief, or a complicated mixture of both sensations. Practically, many things need to take place before the process can be finished and you can begin to move on with your life.




Views: 401 | Added by: mega_tyfuk-1982 | Tags: Divorce, law. | Rating: 0.0/0
Total comments: 0
avatar