Legal divorce represents the action of a court in terminating a valid marriage, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. A legal divorce case is brought in the county where one or another of the spouses reside. The proceeding is commenced with the filing of a petition or complaint for divorce.
Types
State laws across the United States establish two different types of legal divorce proceedings, according to the Cornell University Law School. Fault divorce requires the spouse seeking to end a marriage to demonstrate marital wrongdoing. Examples of marital wrongdoing include adultery, abuse and addiction to drugs or alcohol. No-fault divorce does not require a demonstration of wrongdoing. A spouse must merely show irreconcilable differences, which means the couple no longer can live together as husband and wife.
Effects
Not only do the effects of a legal divorce include terminating the marriage, a legal divorce decree establishes other rights between the parties following the end of the relationship. These include determining custody, support and visitation associated with children born during the marriage. In addition, the effects of legal divorce include dividing the property and debt of the couple as well as ordering alimony or spousal support in some cases.
Benefits
One of the benefits of a legal divorce, as opposed to an informal separation, is that the rights and interests of both spouses clearly are spelled out via a court order. Moreover, if one spouse fails to honor the rights of the other, judicial intervention is possible to enforce the terms and conditions of the divorce decree.
Misconceptions
A common misconception regarding legal divorce is the belief that a common law divorce exists in the United States. Although some, but not all, states represent a common law marriage, a common law divorce does not exist. A common law marriage is one that develops by operation of the law of a particular state and without the benefit of a formal marriage ceremony. If the elements of common law marriage are deemed to exist, the couple must obtain a legal divorce through the judicial system, according to the American Bar Association Section of Family Law.
Warning
Although you possess the right to obtain a legal divorce without legal representation, give serious consideration to taking that approach. The statutes and procedures surrounding legal divorce represent complex legal matters. Your interests likely will be served most effectively if you retain an attorney. Local and state bar associations maintain directories of lawyers who practice in different areas of the law. Contact information for these organizations is available through the American Bar Association.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
- American Bar Association: Section of Family Law
