US Divorce Law - An Overview

Types of Divorce

In the US, the purpose of a divorce is to dissolve a legal marriage.  Although there is no legal or constitutional right of married couples to divorce, the various states allow divorces as a matter of accommodation to public interest. Each state makes up its own divorce laws so if you are going to get divorced one of you must have a divorce lawyer from the state that the divorce is filed in or otherwise meet the requirements for a simple divorce again all based on the state where the divorce action is filed.

There are two types of divorce allowed by US courts: limited divorce, which is usually referred to as a separation decree and absolute divorce which is a termination of a legal marriage by judicial decree.  Separation divorces may be converted into legal divorce through a process known as conversion divorce in states where a statutorily-prescribed cooling off period has ended and where the parties wish to proceed with legal termination of marriage.

In many states no-fault divorce is permitted via statute.  In some states, legal divorce requires the finding of fault by one of the parties such as adultery of some act deemed serious enough by the court to grant a legal divorce.  This fault must be proven to the satisfaction of the court.  In states which allow no-fault divorce, no such proof is required.  Instead the court must simply find that the relationship is no longer viable, that irreconcilable differences have caused an irremediable breakdown of the marriage and that a discord or a conflict of the personalities of the marriage has destroyed any possibility of reconciliation so that the marriage is irretrievably broken.

Division of Property

Essentially there are two types of property division involved in a divorce.  The court must separate property according to marital property and separate property.  Property acquired during the course of the marriage by either or both parties is considered marital property and is usually split equally.  Separate property is any property that one spouse owned prior to the marriage and was not increased in value significantly during the course of the marriage due to the contributions of the other party.  If the separate property was converted to other property during the marriage then the converted property is still considered separate property.

Alimony and Child Support

Spousal support or alimony is a payment or payments by one spouse required to be paid to the other after the marriage has been legally terminated.  There can be permanent alimony, temporary or rehabilitative alimony.

There are several variables affecting whether the court awards alimony.  These include the length of the marriage, the duration of any separation before divorce, the ages, respective incomes, future financial prospects, health, and the parties' respective faults in causing the marriage's demise.

In addition, if the couple had children together while married the court might require one spouse to pay custody support which is separate from any alimony payment which may be imposed.

Since divorce law varies depending upon the residency of the parties involved, the laws of the state where the divorce is sought needs to be consulted for specific details.

This is not legal advise. We are not lawyers.  If you have a legal or question of law take it to a licensed attorney !

US Divorce Law - An Overview