Things To Know About Divorce

Divorce - Dissolution of Marriage

Marriage is based upon a legal contract that joins you and your spouse together in a relationship that is both social and contractual. Divorce or the dissolution of Marriage is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. 

Image courtesy of Ambro/ FreeDigitalPhotos.net

Divorce is unlike annulment which declares the marriage null and void. Divorce laws vary considerably around the world, but in most countries it requires the sanction of a court or other authority in a legal process. 

Modern divorce laws have inverted the involvement of courts. The issue of whether a divorce should be granted is now generally decided by one or both of the spouses. Contemporary courts are more involved in determining the legal ramifications of the marriage breakup, such as spousal maintenance, Child Support, and Child Custody. Other legal issues relating to divorce include court jurisdiction, antenuptial and postnuptial agreements, and the right to obtain a divorce. State laws govern a wide range of divorce issues, but district, county, and family courts are given broad discretion in fixing legal obligations between the parties.

Residency Requirements for Filing for Divorce

Before initiating a divorce with the courts, you need to make sure the court will have proper jurisdiction over your case. This means you must meet certain requirements. The requirements are largely based on residency. This being said, most courts require that you live in the county or parish for a specific amount of time immediately prior to filing for the divorce.

Grounds for Divorce

Legal reasons for divorce are called the "grounds for divorce". Grounds for divorce in the United States and other countries consider adultery and abuse as the most common grounds for divorce. Many states in US also allow divorces based on irreconcilable differences, which means you and your spouse no longer get along in such a way that the marriage can be maintained. This is often called no-fault divorce, meaning no blame is assigned to you or your spouse.

Contested or Uncontested Divorce

There are two kinds of divorces in US - contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children. 
In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.


Final Decree of Divorce

The final decree of divorce is defined as the divorce court's formal order granting a termination of your marital relationship. If your divorce case goes to trial and the judge issues a verdict, the verdict is confirmed when the decree finalizes the entire divorce process. Once this happens, you and your spouse are legally divorced. If you and your spouse later decide that you want to reconcile, you will have to obtain a new marriage license and remarry. 

Divorce Lawyers 

Divorce lawyer is the expert you'll rely on to help you make the best decisions about your divorce. Lawyer can be involved in your divorce from start to finish, or work with you on a very limited basis.