Divorce Guide

Divorce Guide

Divorce Cases Laws

Divorce is a formal dissolution of a marriage. While married couples does not have constitutional or legal right to divorce, states do permit divorce because doing so best serves public policy. In such situations divorce cases law comes into effect, as it states certain requirements that a couple should fulfill in order to get a divorce. The points elaborating it are discussed below.

Residency requirements for obtaining a divorce

As per the residency requirements of all the states, the spouse filing for divorce must be a resident of that state. Different state laws have different time requirements for determining residency, but generally range from six months to a year.

Different types of divorces: Fault and No-fault states

Divorce cases law states that each state has own procedure for divorce. Most of the states adopt the no-fault system for divorce, while some states retain a fault divorce system.

  • No-fault divorces: The feature of a No fault divorce is that the spouse filing for divorce doesnít need to prove any fault on behalf of either party to get a divorce. Some states require the couple to declare that they cannot stay with each other. In other states, the couple is required to stay apart for a certain period of time (months or years) specified by the divorce laws before they can file for a no-fault divorce.
  • Fault divorces: The spouse filing for a divorce must give a reason as to why a divorce should be granted. Although each state has different fault rules or justifications, the common cited reasons are cruelty, adultery, desertion for a specific period of time, imprisonment for a number of years, and physical inability to consummate a marriage.

Property division after a divorce

In most of the cases, a couple filing for divorce is able to come to an agreement regarding the division of their property and debts on their own. Sometimes the court has to step in and apply the state law to settle the dispute, wherein a couple is not able to come to an agreement. Regarding the division of marital property, the state laws are classified under two categories:

  • Community property states: In states like Arizona, Louisiana, California, Idaho, Texas, Nevada, New Mexico, Washington and Wisconsin, all the property of a married person is categorized as either community property, owned equally by both spouses, and the separate property of either spouse. During divorce, community property is equally divided between the spouses, while each spouse keeps his/her separate property.
  • Equitable distribution property states: Assets and earnings gathered during marriage are divided equitable in all the other states. The court considers many factors, one of which is the financial situation of each spouse after divorce, to determine what division is fair. These factors, could include, but are not limited to, the earning capacity of each spouse and the duration of marriage.

The court processes for getting a divorce are very confusing. Itís always better to have a second opinion from a lawyer as he will be aware of all the divorce cases laws of different states.

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