Divorce can be very painful and very difficult. This can be made easier by understanding the divorce laws and the court’s role during a divorce.
Divorce laws govern the dissolution a marriage. Every country has different laws concerning divorce. Understanding the laws of your country can prevent a bad situation becoming worse and help you avoid future chaos.
The United States offers two types of divorce, fault based or no-fault. A court may consider the behavior and actions of the parties even if the law in that jurisdiction does not require them to blame their partner for divorcing.
Fault-based divorcements can be contested. They may involve allegations such as collusion of the spouses, connivance or provocation by the other.
The dissolution of a marriage in a no fault divorce is not subject to either party proving or claiming fault. No-fault laws have been adopted in 39 states. These laws allow for grounds for divorce such as incompatibility, irreconcilable disputes, and irremediable marriage breakdown. New York is the exception.
95 percent of US divorcing couples are “uncontested” because they can work out an agreement concerning children, property, and support. Acceptance of the divorce is nearly guaranteed if both parties can reach an agreement with the court and present it to them in a fair-and-equitable manner. If the divorce proceedings are not mediated by the parties, the laws determine the fair and equitable settlement of these matters.
When property division proceedings are initiated under divorce laws, there are two types of property that are usually recognized: marital property or separate property. Marital property refers to property that one spouse acquires individually or jointly in the course and marriage. Separate property includes property owned by one spouse and not affected by the efforts of either spouse. Modern divorce laws allow separate property to be returned to its owner. However, marital property will be divided according to a negotiated settlement and what the court considers equitable.
These laws can be applied to cases involving children and help ensure that the matter doesn’t spill over into family court. They often require divorcing couples to prepare a parenting program that clearly outlines each of their rights and responsibilities.
Also, divorce laws allow for the establishment alimony. It is usually determined by the length of the marriage or other factors. Spousal support is becoming less common as more women become self-employed and divorce start to earn their own money.