Divorce Laws

Divorce Law is a series of legal proceedings governed by the laws of the State, which leads to the dissolution of the relationship of marriage. Once the divorce is final the individual parties are free to marry again. Divorce in the United States is a State concern rather than a federal matter, hence only State law has jurisdiction in Divorce matters. Divorce laws across the different States vary and petitioners can file in a State in which they have been residing for a period of time. Most States the divorce proceedings span a couple of months hence allowing for reconciliation.

Types in Divorce

  • No Fault Divorce: In this case none of the two litigants require to prove that the marriage has broken down due to the other’s fault. As long as the petitioners can cite some conditions laid down by the courts such as incompatibility, extreme differences, as reason for divorce, the procedure goes through. All the States of America follow no fault divorce laws.
  • At Fault Divorce Law: In this case either one of the parties has to prove that the other party is at fault, due to which the marriage has broken down. The reasons can range from abuse, impotency, domestic violence etc. In most States the waiting period is much less and the aggrieved party may get a larger share of the marital assets.
  • Summary Divorce: Some States grant a summary divorce if some conditions are met such as a very short period of marriage (less than five years), no children, no real property or assets.
  • Uncontested Divorce: In this case the two petitioners have reached an agreement about assets, custody of children, alimony etc. Since the two parties have already decided their issues the court grants the divorce.
  • Collaborative Divorce: Here the petitioners come to an agreement about their issues with the help of lawyers or some neutral party.
  • Mediated Divorce: In this case a mediator facilitates the talks between the two parties, informing them of their rights, but does not advice either party.

Issues in Divorce:

Before the divorce is granted certain issues like division of marital property, custody of children, support payments, have to be settled by the courts.

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