American divorce law contains substantially the same requirements for marriage dissolution, according to the American Bar Association Section of Family Law. In addition, courts across the United States utilize similar procedures in divorce proceedings. Understanding the basics of divorce law as well as accompanying procedures represents a crucial first step in the overall marriage dissolution process.
Types
Two types of divorce proceedings exist in the United States. A majority of states permit one of these types of divorces. A fault divorce requires the petitioner--the person filing for divorce--to allege that her spouse committed some sort of legally defined offense. These offenses include intentional abandonment, adultery or abuse of mind altering substances. A non-fault divorce requires the petitioner demonstrate irreconcilable differences between the spouses. Irreconcilable differences mean the couple no longer can live together as husband and wife. Moreover, no reasonable hope for reconciliation exists.
Commencement
A divorce in all states commences by filing a legal document known as a petition or complaint, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The petition requires you to present basic facts why the marriage should be terminated by the court. You also include information about any child born during the marriage. If you are a woman and so desire, you request the court to restore a prior surname at the conclusion of the proceedings.
Service of Divorce Papers
The U.S. Constitutions includes provisions addressing the right of a citizen to due process. Due process means that you have the right to notice and be heard in any judicial proceeding, civil or criminal. Due process is a requirement in a divorce case. Satisfying due process requires that the respondent--the person being sued for divorce--be served the petition or complaint for divorce. He also must receive a summons, a legal document that sets forth his rights as well as how and when he needs to respond to the petition or complaint. Service normally means that a sheriff deputy personally delivers the divorce papers to the respondent.
Time Frame
Each state law establishes a specific time frame for divorce proceedings. These provisions include waiting periods of two different types. Some states require a couple to separate for a specified period of time before filing a divorce petition or complaint. Other jurisdictions maintain a statute requiring a separation period after filing a divorce before a judge signs a final decree.
Legal Assistance
American divorce law acknowledges your right to obtain legal representation in a marriage dissolution case. Understanding that divorce law and procedure is complex, consider retaining an attorney to represent you in your case. Local and state bar associations provide consumers access to directories of attorneys in different practice areas, including family and divorce law. Contact information for these groups is available to you through the American Bar Association.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
