Despite some minor variations from one jurisdiction to another, the basic legal divorce laws contain many of the same primary provisions in all states. As you contemplate the prospect of filing for divorce, familiarize yourself with the basics of the legal divorce laws in the state where you intend to file a marriage dissolution case.
No-Fault Divorce
All jurisdictions in the United States allow you to file what is known as a no-fault divorce. A no-fault divorce is a marriage dissolution proceeding that does not require you to demonstrate that your spouse is guilty of any kind of wrongdoing, according to Cornell University Law School. Rather, you must demonstrate to the court that you and your spouse experienced irreconcilable differences. You can no longer live together as husband and wife. Additionally, there is no reasonable expectation that you can overcome these irreconcilable differences at a later date.
Fault Divorce
Some states permit you to pursue what is known as a fault divorce. Filing a fault divorce requires that you convince the court that your spouse engaged in some sort of marital wrongdoing, according to Cornell University Law School. Examples of marital wrongdoing sufficient to support a fault divorce case include adultery, drug or alcohol addiction, or intentional abandonment.
Petition or Complaint
The laws of all states require you to file what is known either as a petition or complaint to commence a marriage dissolution case, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The petition or complaint sets forth the elements of your case, including basic information about your marriage, the grounds upon which you seek a divorce. The document also includes a request that the court terminate your marriage and issue orders resolving issues surrounding property, debt and your children.
Residency
The one area in which differences exist in the divorce laws from one state to another is residency, according to the American Bar Association Section of Family Law. States require that you or your spouse reside in the state and the county where you plan to file a divorce case for different periods of time. Some jurisdictions maintain very short residency requirements, while other locales require that you or your spouse live in the state and county for a more extended period of time.
Property and Debts
Legal divorce laws utilize one of two different standards in regard to dividing property and debts between you and your spouse in a divorce case, according to "Nolo's Essential Guide to Divorce." Under the community property standard, assets and debts are divided equally between you and your spouse. The equitable distribution standard is far less precise and requires the court to divide assets and debts based on what is fair in a particular case. Equitable does not mean equal.
Children
Legal divorce statutes contain specific provisions addressing custody, visitation and financial support of minor children born during the marriage, according to "Nolo's Essential Guide to Divorce." Decisions made by the court regarding these matters apply what is known as the best interests of the child standard. Considerations include which parent historically provided primary care of the child, the general health of the parents and the type of living situation maintained by the parents.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
