Divorce is a life changing process and it comes with it a lot of legal issues. In most of the cases, it becomes too hard and complex when it comes to cases of the law governing separations, let alone during a period of stress. Any person who is going through a divorce, should at least have some information concerning the law and the effects associated with this legal process. Legal Grounds for Divorce
Understanding the legal grounds for divorce is the first step in the process. In the United States, these grounds can be classified into two categories: fault-based and no-fault divorce.
No-Fault Divorce
The major characteristic of a no-fault divorce is that the couple does not need to explain that the other party’s actions were wrong. The two main reasons that are usually cited in no-fault divorce are incompatibility or irreparable breach of marriage. This type of divorce is offered in all the states and is much smoother when compared to other types of divorces since one does not have to cause a fault.
Fault-Based Divorce
On the other hand, the no-fault divorces do not require one of the spouse to lay blame to the other for the breakdown of the marriage. Some of the causes for a fault based divorce include; adultery, cruelty, abandonment and substance abuse. Though it helps the violated person to seek a better compensation, it prolongs a stressful trial and implicates fault.
Property Division
Another crucial element of divorce is the distribution of the property that was acquired during the marriage. In regards to the division of property, there are differences between the states, some of them applying the community property rules, and others – the rules of equitable distribution.
Community Property
Community property states use the law of communism; both the property acquired during marriage and both spouses’ debts are shared equally. The nine community property states are California, Texas, Arizona, Wisconsin, Kansas, Idaho, Washington, Nevada, and New Mexico.
Equitable Distribution
Many states today follow the provision of equal division that covers most aspects of marital properties but does not necessarily mean fifty/ fifty. The factors that are being considered when distributing property are marriage duration, both spousal incomes, the contribution to the marriage and the each spouse’s ability to earn money.
Alimony
Alimony is a legal requirement that requires one spouse to give the other cash upon divorce also known as alimony or spousal support. The goal of alimony is to allow the lesser earning partner to continue to live the lifestyle that was experienced during the marriage. There are various categories of alimony, and each of them has its function.
Temporary Alimony
Temporary alimony refers to payment made to the dependent spouse out of maintenance of life during the marriage during the trial of the divorce petition.
Rehabilitative Alimony
Rehabilitative alimony is meant for the spouse who needs time to acquire education or training in order to become a financially independent person. It is usually granted for a specific term.
Permanent Alimony
This is given when one spouse is not likely to be able to work again because of age, sickness or disability. It lasts until the recipient gets remarried or until either of the partners dies.
Factors Affecting Alimony
Some of these considerations are factors in them in as much as determining the motion for alimony and they are; Period of Marriage, Financial, Earning Abilities, Contribution and lastly, Standard of Marriage.
Child Custody and Support
Spousal maintenance or alimony, and child support and custody are still some of the most contentious issues in a marriage dissolution case. The best interest of the child is the main focus of the court.
Child Custody
Child custody can be sub divided in to two main types which are legal custody and physical custody. Legal custody involves the right to determine major aspects of the child’s life including his education, medical treatment, and religious training. Physical custody is where the child will be living.
Joint may mean access that both parents are granted legal and or physical responsibility for the child’s care, while sole means only one of the parents is granted legal and or physical responsibility for the child. As for custody, there are some factors that are considered and these are; the age, health and bond that the child has with the parents, and the ability of the respective parents to cater for the needs of the child.
Child Support
Child support is the part of the money which the non-custodial parent is required to contribute in the raising of the child. Child support is as the rule prescribed by the state laws based on the income of both parents and children, the number of children and visitation rights.
The Divorce Process
The divorce process generally involves several steps, each of which requires careful attention and legal guidance.
Filing for Divorce
Divorce begins where one of the parties to the marriage serves the other party with a petition of divorce. This document states the reasons for dissolution of marriage and the conditions as to property, support, and custody of children.
Serving the Divorce Papers
You need to serve the other spouse with the petition once you have filed it in court this is known as service of process. It also assists in ensuring that the spouse will be ready to meet the petition as well as the other allegations.
Response and Discovery
The responding spouse is given a certain time within which to file an answer to the petition. The two parties also go to discovery phase and each party gives to the other all documents and other materials related to assets, income and any other matters of interest.
Negotiation and Settlement
Many cases of divorce go through the civil nature and this implies that the clients themselves will have to agree on a common way of handling their divorce. Mediation and collaborative divorce are two of the most used techniques of achieving a resolution.
Trial
If an agreement cannot be made then the case goes to trial. In the trial, the parties develop their evidence and the judge determines all issues in controversy.
Finalizing the Divorce
Once all issues are resolved, the court issues a final divorce decree, which legally ends the marriage and outlines the terms of the divorce.