Divorce Guide

Divorce Guide

Divorce Settlement Laws

One must keep in mind that Divorce settlement laws vary from state to state, and can be very complex. Hence a well experienced lawyer can be helpful. Divorce is nothing but simply a termination of marriage. The process involved in getting divorced can be sometimes stressful and annoying, for which divorce settlement can be the best way to resolve which are determined by distribution of laws.

Need of Divorce Settlement Laws:

There are divorce cases where both the parties don’t get along with each other, which make them think settlement is unfair, during such cases need of settlement laws arises. With the help of Divorce settlement laws both parties can get what they want according to their interest related to property division or child custody.

Important Aspect to consider:

In countries like U.S.A, Divorce settlement laws differ according to the states. It is important to know that every case is different and laws applicable to them also vary. Information regarding certain aspects of divorce settlement is given below.

  • Alimony-Mostly issue of alimony is considered when divorce is pending. According to the law either spouse is awarded with the alimony during or after the proceedings of divorce. In some states marital misconduct like abusing is not considered during alimony issue
  • Child support-Certain factors like emotional and educational needs, financial resources are considered in settlement laws for child support issue. Other than this each state law have different formulas to conduct the child support as its mostly assumed as non negotiable
  • Child custody-In certain states custody of child can be a serious issue .court comes with the decision that can be more in the favor of child. The custody of child can be granted during or after proceedings of divorce, depending on factors like number of children, relationship of child with parents, ability of parents to support the child financially. However in some state, approval of statutory provisions is also made for securing child support
  • Distribution of property-In many states equity distribution of property is used during property settlement. Factors like present earning capacity, actual earning, source of income, real estate, age of spouse are considered during distribution. According to few state laws, marital property is equally divided between the two parties, and separate property including property owned before marriage remains with spouse who owns it

Legal Grounds for Divorce Settlement :

While opting for Divorce settlement laws certain grounds are considered
  • Adultery
  • Emotional cruelty
  • Inability to engage in sexual intercourse

In few state laws ‘no fault divorce’ can be one base where both the parties cannot get along with each other ,and are living separately more than one year as per the separation agreement. In few states laws for general divorce is based on insanity or mental illness for more than 2 years. Provisions are made by different states for the couples who were married, and don’t wish to live together any more .whereas couples aware of divorce and alimony laws can finish off with the proceedings sooner.

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