Divorce law resolves issues arising out of the break up of a marriage in three separate but interrelated areas: the relationship between the spouses, property owned by the parties and children born to the couple. Although each state's court rules set forth specific procedures for divorce cases, the basic laws associated with these types of proceedings are largely consistent throughout the United States.
Types
Depending on the state where you live, divorce law may provide for one of two different types of proceedings or both varieties, selected based on your preference and objectives. No-fault divorce requires that you demonstrate irreconcilable differences, that you and your spouse no longer can live together and meet the goals of marriage. Fault divorce means that you must demonstrate some sort of wrongdoing by your spouse, like adultery or drug addiction.
Property and Debt
State divorce laws approach dealing with property and debt of a couple in one of two different ways, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Fewer than 10 states apply a standard known as community property. Community property requires the even split of property and debt between the spouses. The vast majority of states follows the equitable division standard. Intentionally imprecise, the equitable division standard requires the judge to fairly divvy up property and debt in a fair manner based on the specific facts of an individual divorce case.
Children
Divorce law addresses three primary matters in regard to children born during a marriage: custody, support and visitation. Custody includes both legal and physical facets. Legal custody is the ability of a parent or parents to make major life decisions for a child. Physical custody involves designated a parent or parents to provide a home for a child. Child support is determined using mandatory, predetermined guidelines established by state law and order of the highest court in the state. Finally, a visitation is scheduled designed to ensure that the non-custodial parent maintains a meaningful relationship with a child despite the divorce.
Geography
Divorce laws in all states set forth specific geographic and residency requirements, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Statutes establish the minimum amount of time at least one of the spouses must reside in a state in order to commence a divorce cases. Additionally, a divorce case only can be filed in the county where one of the spouses resides for a specified period of time.
Considerations
Although you have the right to represent yourself in a divorce case, marriage dissolution law is complex and oftentimes confusing to a layperson. Therefore, retaining a lawyer is a wise decision to best protect your rights and interests. Local and state bar organizations maintain public directories of attorneys in different practice areas. Contact information for these groups is available through the American Bar Association (see Resources).
References
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
