Divorce is a legal proceeding through which a marriage is dissolved. The process not only severs the statutory unity of two people, but settles other legal matters as well, such as the distribution of martial assets and property, child custody and alimony. The laws governing divorce fall under state jurisdiction. Therefore, divorce laws vary depending on where you initiate the action.
No-Fault Divorce
To get divorced, a party must have a legally recognized ground for divorce. Most states permit either a "fault" or "no fault" ground for divorce. In a no-fault divorce, neither spouse legally blames the other for the failure of the marriage. The parties agree that they have "irreconcilable differences" and that neither time nor marital counseling can mend the breach. Some states require a period of legal separation, ranging from a few months to one year, before granting a no-fault divorce.
Fault Divorce
Most states permit a spouse to divorce on grounds of fault. In a fault divorce, the party initiating the divorce action blames the other party for the failure of the marriage based on a legally sufficient ground. Common fault grounds include adultery, abandonment, cruelty--emotional and/or physical--imprisonment, insanity, impotence, or drug or alcohol abuse. Individuals often seek fault divorces because they do not have to comply with the state-mandated period of legal separation before divorcing. In addition, in certain states, the party determined not at-fault may be entitled to receive a greater amount of alimony or a larger share of the marital property.
Equitable Distribution of Marital Assets
There are two legal standards for determining the division of marital assets upon divorce, the most common being the standard of "equitable distribution." In states that follow the "equitable distribution" model, the court determines a fair distribution of the assets based upon several factors, including the financial situation that each spouse will be in after the termination of the marriage, the earning power of the spouses, the value one spouse added as a homemaker, the age and health of the parties, the separate property of the spouse, the length of the marriage and the responsibility for caring for children. Forty-one states in the United States follow the equitable distribution of property model.
Community Property Distribution of Marital Assets
In "community property" states, spouses are considered to equally own all assets that have been obtained during the course of the marriage. Accordingly, upon divorce, those assets are usually split 50/50. Unlike in equitable distribution states, the division of property is not based on case-specific factors, but it is assumed that both spouses contributed equally to the marriage, even if only one earned income. There are only nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Alimony
Alimony, also called spousal support, is when one party gives a specific monthly or annual sum to the other party for an extended period of time after the dissolution of the marriage. The purpose of alimony is to provide an income to a non-wage earning or lower-wage earning spouse, thus reducing any unjust economic effects of a divorce. In most states, courts have a wide degree of discretion when it comes to determining an alimony sum and the length of time it must be paid. Most courts consider factors such as the length of the marriage, the couple's standard of living during the marriage, and the age, financial condition, and the emotional and physical health of both parties. Because the court has such large discretion, according to Divorcenet.com, most parties decided upon an alimony agreement between themselves.
