Divorce is the legal termination of marriage, and the cancellation of marital duties, responsibilities and rights of both parties. State law supersedes federal law in divorce cases, and state laws vary widely. In this article, the Best Divorce Lawyer will supply some basic information on filing for divorce.
Grounds for Divorce
In some states, couples must have “grounds for divorce” before filing. This refers to the reason why one party or the other is seeking the divorce. For instance, infidelity is a common reason for divorce in this country. In some jurisdictions, it is not necessary to have a reason for divorce; this is known as a “no fault” filing.
Waiting Periods
Some states require couples to go through a waiting period before filing for divorce -; in some places, the period between service of divorce papers and final judgment can be up to six months. The purpose of a waiting period is to see whether the couple may reconcile, and in some states, parties must live in the state of filing for a certain period.
Marital Property
Any property accumulated during a marriage is considered marital or community property. In states with marital/community property laws, these assets are to be evenly divided in a divorce. Non-shared property is that which was obtained by either spouse before the marriage, and is retained by the individual upon a divorce.
Spousal Support/Alimony
In some divorces, a judge may order a party to pay spousal support. These are payments made from one member of a couple to the other after a divorce is finalized, and grounds for divorce are often disregarded when calculating alimony. Factors such as income inequality and child custody are often used in determining spousal support.
Hiring The Law Offices Of Diane M Sternlieb LLC
The typical family law docket consists largely of divorce cases, and rates rise each year. If you are going through a divorce, you may want to consult a family law attorney in your area. A lawyer can help you determine what kind of divorce suits your situation, and they can tell you more about your state’s laws. The Best Divorce Lawyer can offer you case-specific advice, and they can represent you in court should your case go to trial. Click here for more information.
