Divorce Laws And Tips To Know If Divorce Is On The Horizon

Both partners have to make an effort and stay committed to each other to make a marriage work. It is a life-long dedication. However, not all can keep their vows of staying until death do them part. Divorce seems to be the only solution in a life of marital discord. Divorce laws differ from State to State in the US though the broader framework remains the same. It is best to consult a divorce attorney or lawyer who will assess your case and let you know the merits of the case in relation to the State where you are residing and filing for a divorce.

Divorce cases in the States are categorized as follows:

Uncontested Divorce

A couple comes to an agreement that they cannot make their marriage work and there is no point in continuing. They settle on a divorce with all related issues resolved between them.

No Fault divorce

Neither of the couple blames the other. They simply state that they are no longer compatible and there are differences they cannot resolve and hence divorce is the best solution for them. Neither of the couple can make a claim and it is for the court to decide on division of property, child custody and alimony matters.

Limited Divorce/absolute decree

A spouse may file for an absolute divorce if there is infidelity, domestic abuse or abandonment. Courts grant divorce by decree and settle the related issues like child custody, alimony, property division, etc before spouses can go their individual ways. In cases of dispute that cannot be mutually resolved or agreed upon then litigation ensues with the court deciding which of the two spouses is responsible for originating the issues and disputes and in such cases property division may not be an issue.

Simplified divorce

Similar to Uncontested divorce with the only difference being that the couples mutually designate one of them to file the papers in a court and not to have a legal attorney handle the matter.

Basic grounds and laws

Most States require that at least one spouse be a resident of the State for more than 6 months.

The grounds for divorce vary but common are an irreparable breakdown of relations, incompatibility, discord and abuse and voluntary separation for over 1 year. Adultery, living separately without cohabitation, imprisonment, unnatural sexual behavior, alcoholism, drug abuse, incurable insanity, inability to consummate a marriage and physical abuse constitute valid grounds for general divorce. Child custody is decided on the basis of age and sex of the child, concern for its safety and well being and the moral character of the parents. A child may also be consulted. Points considered include parental cooperation, an ability to encourage affection and positive values, proximity of their locations. Property division is also subject to local laws, commonly based on equitable distribution.

Tips

In case you anticipate protracted litigation and bitter disputes then you should first consult a divorce lawyer and know where you stand. Before the court gives a decree do not move out of the common property without consulting your lawyer. Extramarital affairs and illicit sexual behavior can be damaging to your case so consult your lawyer about this since this can impact alimony payments. You must take steps to safeguard your interests in your property and assets-movable and immovable-- before even discussing divorce with your spouse.

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