Divorce Law

Divorce, or dissolution of marriage is a legally sanctioned halting of a once valid marriage. In divorce law, the division of property and assets and also the sharing of child custody is usually arranged by the court hearing the proceeding. After the divorce has been completed, both of the divorced parties can legally be remarried.

Contrary to popular pop culture and false common sense, nearly 95 percent of divorces do not require a trial with contesting parties. With the help of a divorce attorney, most couples involved in a divorce settle their assets, property, support, and custody battles through negotiation and agreement. These negotiations are then approved by the presiding judge, if, in the view of the court, the agreements arrive at a minimal level of fairness.

An important piece of information in requesting a divorce is the residency requirements of the state. In many states in order to attain a divorce, some form of residency must have been established between the tow parties. The time periods and rules regulating this process vary between each state, however, an experienced divorce attorney can help you get through these rules in the most efficient way possible. Not all states impose a residency requirement, and a divorce can be completed immediately, but in most states, a period of six months for residency is the average.

Divorce law states, there are two different forms of filings that can be pursued. The divorce will be deemed either a “no-fault” or a “fault” divorce. A no-fault action is described as a divorce where the spouse imposing the divorce does not have to prove the other spouse was at fault in order to cause the divorce.

Common citations for the need of a “no-fault” divorce include:

  • Irreconcilable differences
  • Incompatibility
  • Irretrievable breakdown
  • Prolonged and permanent separation

On the contrary, Fault-based grounds are only offered in approximately thirty-nine states, and must be due to excessive cruelty, desertion, drug use, and/or adultery. Although “no-fault” is the predominantly pursued avenue of divorce, thirty-two states offer and pursue a “fault” divorce proceedings plan. These divorces seek to assign blame, and accurately assign all assets, properties, and custody based upon these claims of blame.