Divorce (also known as dissolution of marriage) is the ending of a marital union. When a person files for a divorce petition, it means ending the legal duties and responsibilities of a marriage and ending the bonds of marriage between the couple. Both parties will sign legal paper that allows them to live as single people once more. After divorce, either party can remarry. Like marriage, divorce law in the United States is decided by the state governments, not the federal governments. Divorce laws vary from state to state. The process of divorce involves issues of alimony, child support, custody support, distribution of property and the division of debt. Divorce and legal separation can sometimes be confused. Legal separation does not end a marriage but a division of property and assets is made for each partner.
There are several different types of divorces, including: no-fault, at-fault, summary, uncontested, collaborative, mediated and civil courts. Each type has its own rules.
No-fault is when neither person accepts fault for the failure of the marriage. All states but New York have a no-fault divorce. Reasons for no-fault divorces are: incompatibility, irreconcilable differences and breakdown of marriage.
At-fault is when one party is given blame for the divorce. Most states offer at-fault divorces. In most of states there are set lists of causes for an at-fault divorce. The common claims are: infidelity, abuse, abandonment, unhappy sexual life, one person is in incarcerated.
Summary (also called a simple divorce), is allowed in some jurisdictions, when parties meet certain requirement or agree on issues beforehand. The key requirements are a short marriage, no children (or in some states, resolved child custody and child support payments), no real property, and assets are under a certain number of dollars.
Uncontested divorce is the most common type of divorce, about 95% of cases of divorce. In this type of divorce, both people come to an agreement about their property, child custody, and child support in a very simple way. This is the least expensive way to end a marriage and is often the least painful.
Collaborative is when couples negotiate an acceptable agreement with the help of attorneys or other professionals, such as a child custody specialist or an accountant. It is a lot less expensive than other divorce methods and decisions are based on the needs and interest of the couples who wish to end their marriage.
In America, close to 50% of people get divorced, money is often one of the key reasons for divorce. Other common reasons for divorce are when people simply do not get along or when someone commits adultery. If you want to be properly represented, call your local 1-800-I-WANT-HALF lawyer today!