Divorce Law Process
Introduction
Despite what you might think, even the best marriages can have their share of trouble. Going through a divorce, however, is one of the most stressful and legally complex life events a person can face.
The divorce process can be highly adversarial and can embody financial, legal, and emotional challenges. Spouses going through a divorce, especially those with children, can feel overwhelmed by the cold mechanics of the court system, especially when contrasted with the personal, sensitive, and emotionally charged choices confronting both spouses.
In our divorce law advice section, you will find helpful articles that not only inform you of the divorce process but also encourage and empower you to move through this challenging time with courage, self-compassion, and dignity.
This section provides articles on how most state divorce court systems work and the common issues that arise in the divorce law process, such as how to legally divide marital property, which parent will have legal and physical custody of the children, and how the court will determine child support and alimony.
The encouraging news is that there has been a significant trend away from the harsh scorched-earth tactics of the past to spouses choosing alternative dispute resolution services that focus on collaboration rather than confrontation in the divorce process.
Due to the sustained and rapid growth of mediated divorce, we have included a divorce law advice section on the benefits of a mediated divorce and how to choose a mediation service that will work for both spouses.
Basis for Divorce – Divorce Process
Here, we provide divorce laws summaries by state, which cover state legal issues and policies on matters such as “no-fault” divorce, which relies on the permissive doctrine of “irreconcilable differences” between spouses as the legal basis for divorce; property division, child custody and the different ways a marriage can legally terminate such as through the process of separation, mediation, annulment, and by divorce trial decree.
State Divorce Law Summaries:
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Divorce Law on Division of Property
With divorce comes the often-contested issues surrounding the division of marital assets, including personal and real property. You will find that different states have different approaches to property division depending on whether the state is based on community property laws or other state law methods of dividing property.
You will learn that in a community property state, each spouse’s assets are customarily considered the joint assets of both spouses. In most community property states, the assets of each partner are also the marital assets of the other unless the partners can prove the property qualifies as separate property or there was a valid and enforceable prenuptial agreement in effect that dictates how the property will be divided upon dissolution.
In states that do not follow community property law and are sometimes referred to as common law states, the assets of the debtor spouse are considered separate from the other spouse unless both spouses are indebted to the same creditor.
Divorce Law on Dividing Custodial Rights
Best Interests of the Child
When it comes to which spouse is awarded legal and physical custody rights, you should know that the determining factor will always turn on what will be in the best interests of the child.
It is essential that each parent fully understands the difference between legal and physical custody and whether these custodial rights will be held jointly or solely by one spouse.
The more informed parents are about custodial rights and legally divided, the more prepared they will be to resolve custodial issues once the divorce proceedings commence.
It is always advisable to work with your partner and come up with a mutually acceptable custodial plan before either partner files for divorce.
Divorce Law on Enforcing Support and Child Custody Orders
In an uncertain economy, it is hard to predict the financial resources that will be required to support the children and the custodial spouse after the divorce.
For this reason, it is best to be informed about how child support and child custody orders work and how they are enforced when support payments can no longer be made or are unwilling to be paid by the non-custodial parent.
The law provides for “changed circumstances,” which is the legal basis for modifying support and custodial orders. However, be aware that courts are reluctant to change support or custodial orders unless both parents agree and it’s in the best interests of the child.
Finally, this divorce law advice section includes how spousal and child support orders are enforced.
Divorce Resources and Related Services
Divorce is commonly an emotionally and financially destabilizing experience – especially if the divorce involves young children.
To ease the burden, GotTrouble.org provides informative and useful links to divorce-related resources and services. Such as relocation services, help finding a new job, including work-from-home jobs, and, should you be so inclined, returning to school.
You’ll also find online divorce support groups, divorce counseling, and various types of wellness services like meditation, yoga, movement therapy, and pet therapy, to help you stay balanced and thriving during your transition to a single life.
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