Divorce Law
Divorce is defined as the dissolution of a marriage. It is a court issued decree that states that a marriage no longer exists. Both parties involved in a divorce are free to remarry after a judgment of divorce, a formal written document, is issued. The judgment of divorce document stipulates the division of property, child custody and support, if applicable. Most divorces are not settled in a trial. Usually the issue of child custody, support and the division of property are privately settled between the each spouse’s attorneys and the spouses themselves. However, if those issues are not reconcilable outside of a courtroom. Divorce law provides that a trial may be needed to discover the provisions that surround a divorce settlement.
Divorce law typically requires that one or both parties define their residency and domicile statuses before divorce proceedings begin. Divorce law defines “residency” as the place in which one party resides at the time of the initiation of divorce proceedings. Divorce law defines “domicile” as the place where the person seeking divorce considers home. Usually the place of residency and domicile are the same for both parties involved in a divorce. In the case of separation before divorce, for example, a person’s residency will be different from their domicile.
Residency requirements vary based on a state’s divorce law. A few states have no residency requirement. In the case that a residency requirement is not needed, the initiation of divorce will occur quickly. Residency requirements place a waiting period on the initiation of divorce proceedings, most often six months. Some states require a period of time that a person takes residence in a state before they can even give a divorce attorney their residency status.
Divorce law requires that the party seeking a divorce must file a written statement discussing the grounds for divorce to be submitted to the court. The statement may be filed under no-fault or fault. The person seeking a divorce may have the choice to allege that the divorce is the other spouse’s fault. All states have the option of a no-fault divorce; however, depending on a state’s divorce law, there may be a period of time in which one party must be separated before the motion for a no-fault divorce may be granted by the court. Thirty-two states have fault based grounds for divorce.
No fault divorces place no blame on either the wife or the husband. The proceedings, therefore, do not seek to determine to place guilt or blame on either party. Common grounds for a no-fault divorce are irreconcilable differences or that the couple had been separated for 6 months to a year with the intention of divorce. Critics of no-fault divorce argue that divorce law in this type of proceeding does not protect the interests of an economically dependent spouse. In the 32 states that have fault divorces as an option, common grounds for divorce alleges that one of the spouses committed adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, or had insanity, impotency, infection of venereal disease. The outcome of divorce proceedings according to a jurisdiction’s divorce law may change in favor of the complainant if these allegations for divorce are proven to be true.
Whether a divorce is no-fault or fault based, the issue of property and child support and custody are issues that could get messy regardless. Some believe that if a case against one spouse at fault is good enough, the judge will determine an outcome that is more favorable to the person seeking the divorce. It is always important to consult an attorney who specializes in divorce law to weigh options and choose which type of divorce proceedings may be best suited for your case.