Divorce Laws
Divorce, or dissolution, as it is increasingly becoming known, a legislatively created, judicially administered process that legally terminates a marriage no longer considered viable by one or both of the spouses and that permits both to remarry. Divorce laws vary considerably around the world. Divorce has become ingrained in our culture; in the USA, divorce is primarily governed by State specific laws. Divorce is formally called “dissolution of marriage” in Washington.
State to State variations exist in Grounds for Divorce and Residency Requirements, Property Division, Alimony/Spousal Support, Custody, Child Support and Visitatation. Divorce in New Hampshire often includes a name change. When it’s working, the Cornell webpage http://www.law.cornell.edu/topics/Table_Divorce.htm links to the divorce laws of the different States and to tables summarizing some of their salient points. Those interested in the divorce law of a particular jurisdiction should review its law directly rather than rely on the tables that may not be fully accurate or complete.
For example durational requirements go from a minimum of zero to 1 year, but be aware that California requires domicile as distinguished from residency for jurisdictional purposes. In States where living separate and apart is a key factor, the requirement can vary from 60 days to as much as 3 years. The acceptable grounds for divorce may or may not include incompatibility depending on the State.
Divorce Law
There are two types of divorce: absolute and limited. Several jurisdictions' statutes authorize limited divorces, or divorce “a mensa et thoro”. Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. A No Fault divorce that does not require a finding by the divorce court that one (or both) party(ies) is at fault. No fault divorce law allows a divorce regardless of who is a fault. Most States, but not all, incorporate this system and some have it as sole ground for divorce. Some States provide for a Judicial Separation, a kind of halfway state between married and single. It offers a solution for some but has many of the disadvantages of divorce without providing a clean break and fresh start.
Marital or community property is defined somewhat differently by different States, but it generally includes property and income acquired during the marriage. Earnings during the marriage are marital property. A home, furniture, and cars purchased during the marriage usually are considered marital property. Economic misconduct is relevant only in some States. Depending upon the jurisdiction, courts consider the non-economic contributions of a homemaker (usually the wife) in both the award of alimony and the distribution of property. However, the gender of the homemaker does not affect the "recognition of that spouse’s non-monetary contributions." In many States, a spouse can also ask for compensation for any financial contributions made to the other spouse's education. Compensation can be requested as part of the divorce proceeding, or any time after a divorce. In general, the contributions to education must have increased the spouse's earning power and must have been made during marriage. The compensation can be reduced by the amount the contributing spouse benefited during the marriage from the increased earning power.
The factors affecting alimony/spousal support are set out in detail in the laws of each State. Whilst there is general agreement in principle, the influence of martial fault, standard of living and child custody rulings do vary. Many States have a statutory list of factors to be taken into account but the weighting of the factors is a matter for an individual judge and case law.
When it comes to child custody, child support, visitation and less common issues like adoption and guardianship, the variability is even greater.
In conclusion, a one practical point stands out: see if you have a choice of where to file for divorce and pick the best for you – the rich do this all the time. Second, don’t listen to any advice from an out of state ‘expert’. Lastly you, or your lawyer, must be fully informed on the law in the jurisdiction. In a simple case you may be able to handle it yourself, in a complex action get a local expert attorney.
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