Are you thinking about getting a divorce or in the middle of divorce proceedings, find the best divorce lawyer to learn how divorce law affects you and your family. The best divorce lawyers will keep you updated on recent legislation changes.
What is the definition of divorce?
Divorce is the legal termination of a valid marriage. In most states the property and the couple’s assets, which were acquired during the marriage, are split in half and they are free to remarry. If the couple had children, child support and child custody agreements are established as well as alimony in the case of a dependent spouse. A divorce can be filled as fault or no-fault depending on the laws of the state in which they live.
A couple can end their marriage in several different ways; first they might try a separation living in separate residences while staying married or a legal separation/limited divorce where agreements for property, child and spousal support are drawn up but the marriage stays legal.
If you have only been married a short time or want to remarry but need your marriage to be recognized for religious reasons as ever having existed, you can have an annulment. Absolute divorce is legal termination of a state recognized marriage, where the record of divorce is kept and the partners are free to marry.
Division of property and spousal support may be subject to a prenuptial or premarital agreement.
Separation
A separation is not legally recognized by the court except in some states with no-fault divorce. There is no ruling for property rights, support or custody of children. Both parties agree to live in separate residences which can be temporary or permanent.
Legal Separation/Limited Divorce
Both parties live apart while the legal marriage is left intact and neither spouse has the right to have sexual intercourse with each other. The court does make a ruling on the division of property, support and child custody. Couples that cannot agree need legal intervention and require a legal separation prior to their absolute divorce. The court establishes fault and will decide how the assets are split if the couple cannot resolve these issues themselves. Even though the couple loses their right to have sexual intercourse with each other, sex with others still constitutes adultery in the eyes of the court.
Annulment
An annulment is still a legal termination of a marriage but it treats the marriage as if it never existed. There is still a legal proceeding to finalize the separation of property, if any, child and spouse support. If you have only been married a short time you, have no assets you acquired during your marriage or no children, the couple may obtain one attorney and be granted an annulment by the court. Typically there has to be proof that the marriage was invalid which can be established in a number of ways.
• Spouse still married to another person
• Minor at time of marriage
• Spouse under duress
• Relationship is incestuous
• Concealed Stds or drug addiction
• Concealed impotency
• Concealed inability to bear children
Fault Divorce
Typically fault divorce is more revenge centered and must be decided by the court to conclude who gets what, who deserves what and who is to blame. In some states, a fault divorce determines how assets and custody rulings will proceed and is established by a number of reasons that vary between states. The court may also rule a time period for the legal separation up to one year.
Most common faults are:
• Cruelty (inflicting unnecessary emotional or physical pain) -- this is the most frequently used ground
• Adultery
• Desertion for a specified length of time
• Confinement in prison for a set number of years, and
• Physical inability to engage in sexual intercourse, if it was not disclosed before marriage.
States that recognize fault divorce are:
• Alabama
• Alaska
• Arkansas with 18 month Separation
• Connecticut
• Delaware
• Georgia
• Idaho
• Illinois
• Maine
• Maryland with 1 year Separation
• Massachusetts
• Mississippi
• New Hampshire
• New Jersey
• New York 1 year
• North Carolina 1 year
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Dakota
• South Carolina 1 year
• Tennessee
• Texas
• Utah
• Vermont 6 months
• Virginia 1 year
• West Virginia
No Fault Divorce
If both parties concede that neither of them are responsible for the failure of their marriage they may petition the court to terminate their marriage due to “irreconcilable differences,” "incompatibility" or "irremediable breakdown of the marriage". Only one spouse has to file; if one spouse wishes to end the marriage they may file for the dissolution alone. No fault divorce is often an agreeable way to terminate the marriage and the division of assets and custody of children are decided upon by both parties, therefore the state cannot consider any “faults” in granting those appropriations. In many states a legal separation of the partners is necessary for the state to grant a no-fault divorce. These required separations can last anywhere from six months to five years.
No Fault States with or without legal separation are:
• Alabama 2 years
• Alaska
• Arizona
• California
• Colorado
• Connecticut 18 month
• Delaware
• Florida
• Georgia
• Hawaii 2 years
• Idaho 5 years
• Illinois 2 years
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana 180 days
• Massachusetts
• Michigan
• Minnesota 180 days
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada 1 year
• New Hampshire
• New Mexico
• North Dakota
• Ohio 1 year
• Oklahoma
• Oregon
• Pennsylvania 2 years
• Rhode Island 3 years
• South Dakota
• Tennessee 2 years
• Texas 3 years
• Utah 3 years
• Washington
• West Virginia 1 year
• Wisconsin
• Wyoming
Prenuptial or Premarital Agreement
A prenuptial or premarital agreement is a written legal agreement between two partners regarding division of property, alimony, or child custody in the event of divorce or death. They prohibit either spouse from claiming assets not laid out in the agreement or not consensually decided upon with the termination of the marriage. A prenuptial agreement is valid only if the partners agreed upon the terms of their own volition, have signed the document, and have had it authorized by a notary public.
Find a Divorce Lawyer
Divorce lawyers are a dime a dozen so it is important for you to find a good divorce lawyer. A top divorce lawyer has the necessary knowledge about the law and your rights. Even if the divorce is a no-fault divorce, division of property, taxes, child custody and support are all still issues that have to agreed upon by “both” parties.
There are top divorce lawyers in your area that have the experience, fee structure, location that you are looking for. Cheap divorce lawyers may not have the knowledge you need to get a fair divorce outcome. Divorce lawyers charge on an hourly basis though some may have fixed rates for uncomplicated divorces. Hourly fees may not cover undisclosed items like phone calls etc. Ask questions. Shop around….just like a doctor you want to feel comfortable with someone that is going to help you. Your future is at stake.
I would never consider a divorce without a lawyer. It is sensible to speak with a divorce lawyer that is knowledgeable in the laws within your state and guides you through the divorce process from the initial separation to the final divorce decree.
reference: divorcelawinfo.com
