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Your Guide to Divorce Laws
Going through a divorce is never easy, and divorce laws are supposed to be in place to make the
process simpler and less painful. This is the theory at least - it may not always work out that way.
This article is going to discuss many aspects of divorce - why it happens, how it happens, and the
consequences - in relation to divorce laws. You will see that the place in which you live and file for
divorce can have an impact of the outcome of your case and affect the rest of your life. We will
also look in detail at the marriage problems that can lead to divorce, and how to be sure if the
problems in your marriage are a legitimate grounds for divorce. We will also look at the process
you must go through when filing for divorce, the differences in laws between various states, and
how to recover from going through a difficult divorce.
Why People Divorce
The reasons why people divorce are many and various. In a lot of cases, the divorce comes
simply because of the fact that the two spouses realize they have differences that they can't
possibly resolve, on their own or through marriage counselling. This is often the case with couples
who get married young. They make the decision to get married before they truly understand who
they are and what their priorities in life should be. As they get older and these things come to the
surface in their personalities, they realize that they simply don't work as a couple. In the best case
scenario, this kind of couple can agree amicably to part ways and negotiate the dividing up of any
marital property, as well as coming to a mutually satisfactory arrangement concerning any children
produced by the marriage. Unfortunately, this best case scenario rarely happens.
There are several other common reasons for divorce that don't result from mutual differences. One
of these covered by most state divorce laws is adultery, or one spouse having sexual relations
outside of the marriage. When the other spouse finds out about this, it can be a heartbreaking
experience. Some couples are able to resolve the underlying problems and move forward, but for
many this act signifies an irreversible breaking of the bond of trust and it leads to the end of the
marriage.
Of course, there are plenty of other things that can go wrong in a marriage. The dependence of a
spouse on drugs or alcohol is another big issue. When someone becomes addicted to a
substance, it typically impairs their ability to function properly as a spouse and a parent. Alcohol
and drugs have accounted for many marriage breakups over the years.
Domestic violence, or cruel an inhuman treatment of one spouse by the other, is sadly also a big
cause of divorce and the breakup of families. These are more or less universally covered by state
divorce laws. Acts of domestic violence or attempts to kill a spouse are grounds for divorce all over
the United States, and some states also make provisions for psychological bullying or general acts
that make the other spouse's life miserable.
How to File For Divorce
Filing for divorce can be a complicated process, and you should always look to enlist the help of a
lawyer. You must gather documents pertaining to any property that will be divided up if the divorce
goes ahead. You need to organize and establish who owns what, and have documentary proof of
this, before you start on divorce proceedings. Decide on the grounds on which you want to file the
divorce - you will either be filing on a No Fault grounds, like irreconcilable differences, or a
grounds relating to something one spouse has done wrong in the marriage. You should also try to
obtain any evidence you may have relating to the grounds for divorce.
There is typically a fee involved with actually filing the divorce papers, but it is usually less than
$100. It will differ depending where you are. The process of filing the paperwork will be made a lot
smoother with your lawyer's assistance. Also, make sure before you even start that you meet the
residency requirements needed to file a divorce in your state.
State Divorce Laws
It's important to realize that in the United States, divorce laws are made on a state level and the
divorce laws differ from state to state. Differences can include the residency requirements for filing
in the first place, the grounds on which you can file, and the guidelines used for dividing property
and determining who will have custody of the children. There are some similarities across most
states - for instance, most states use the principle of "equitable distribution," meaning the courts
will divide up property based on what the court views as being a fair division between the spouses.
However, the guidelines used to determine fairness may differ in subtle ways from state to state.
The same if true for determining things like child custody and alimony payments.
Property
As mentioned above, most states use a principle of fair distribution, and the definition of fair can
differ from state to state. However, there are a few general factors that tend to be true no matter
what state divorce laws the proceedings are governed by.
For instance, in many cases if one spouse has a much lower income than the other, with fewer
prospects for continued education or good future employment opportunities, that spouse may be
awarded slightly more than the other. The reasoning behind this is that it is easier for a spouse on
a high income to acquire new property and assets after the divorce.
Another factor that is commonly used in determining property division is who will retain primary
custody of the children. It's not uncommon for a spouse to be awarded the family home if they
have also been given full custody of the children, as it's deemed to cause less emotional impact
on the children if they are allowed to stay in the place where they already live.
Child Custody
All across the country, the decisions a court will make concerning child custody and parental
visitation rights will be made based on the best interests of the child or children.
Now, ideally you want to organize child custody out of court between you and your spouse, or at
least through court mediation. However, in the worst case scenario, you will end up in a custody
battle in court. In this situation, there are a few general tips to keep in mind to help your chances of
winning custody:
Always emphasize the loving bond between you and your child
Emphasize your intention to maintain the bond between the child and the other parent, unless
there is a safety reason why there should be no contact between them
Emphasize that you will do your best to keep the child's life as normal as possible - in other words,
if you plan to uproot the child to a new city after the divorce, that will harm your chances of winning
custody
Alimony (Spousal Support) and Child Support
The issues of ongoing payments after the divorce are also of a big concern to many people
considering a legal split. Different states use different principles and calculations for determining
child and spousal support payments.
One factor that is taken into the account more or less universally across all state divorce laws is
the length of the marriage. Other factors include things such as the relative wealth and earning
power before and after the marriage. In most instances, the parent who does not win custody of
any children will be expected to pay child support unless there is some large disparity of incomes
between the parents. For instance, if the custodial parent has a high income and the non-custodial
parent is unemployed, imposing child support payments would be largely meaningless.
Life After Divorce
For some people, the divorce itself is not even hardest part - it's surviving after the fact which can
be really difficult. It's completely natural to go through a period of mourning after a divorce. After
all, there was a person who was once extremely close to you who is no longer around - that can
wreak having on your psychology.
There are a few things you can do to help you get through the divorce. First of all, make sure you
get out of the house. You may not feel like it, but you ought to force yourself to go out with your
friends. Keep your good friends close - don't allow any bitterness you may have over the end of
the marriage to affect your existing friendships. A few good friends can make a huge difference
when you're working through an emotional event like a divorce.
A divorce is difficult, but it's not the end of the world. You will recover, and as long as you put
yourself out there, you will find someone else who appreciates you for who you really are.
For more information please see the link below:
Divorce Laws Home Page
Article Source:
http://EzineArticles.com/?expert=Holcy_Thompson_III
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Divorce help
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