When you have hit a point in your marriage that you no longer wish to stay married there are two options in divorce law for you. You have absolute and limited divorce law to choose from. You will also find that some states have different views on divorce law above the national government. An absolute divorce is a termination based on misconduct in the marriage or a statutory cause. In this case the divorced couple is then considered single. With a limited divorce you will have a separation decree. In this case the divorce law is going to still see you as a couple despite cohabitation being terminated.
You can also choose a no fault divorce is several states. A no fault divorce is where the couple does not have a reason why the marriage failed and there are no grounds being bandied about. Previously in divorce law the judge or court of law would require some time of proof that a party in the divorce had done something wrong such as adultery, or another act. The no fault divorce allows for the divorcing parties to save face. They don’t have to air their dirty laundry in front of others or provide a reason for the divorce. At the end of a no fault divorce the couples are then considered single.
You will also find that in divorce law a divorce decree can be contested. In this case the individuals applying for divorce has issues that the court must work out. Most often a contested divorce involves property or children. In the case of divorce law regarding children the parents must decide on custody. In some instances the mother or father may have restricted rights for seeing their child. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.
For a contested divorce involving property in divorce law there are certain things to consider. If a prenuptial agreement was signed then the divorce will adhere to the agreement unless grounds are stated satisfactorily. In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen.
Divorce law is one of the increasing industries regarding employment. The United States has seen an exponential growth in divorce cases. It may be related to the new divorce law of no fault or other reasons. In either case you will find that there are several divorce lawyers available in every state. If you need to find a divorce lawyer you may seek referrals, go on the internet and research lawyers, and speak with the law board to make sure you are finding a lawyer that has passed the bar. In some cases divorce law can be settled with out the court of law. In these cases the divorce is amicable and the papers signed in one of the lawyers offices or neutral ground.
Filed under: Family Law |