Divorce is the legal process of dissolving a marriage. After a divorce is granted, both former partners are free to separate and continue their lives separately.
Most divorces nowadays don't necessarily end in a messy split, with both parties angry and bitter. Instead, most divorces are relatively quick and clean, with some (and, in some instances, the couple having) legal counsel. However, a small percentage of the population typically cannot get past their issues (no matter their mediator) and requires legal assistance to get out of this challenging situation.
These couples will hire a lawyer and engage their respective states' legal systems to file their divorce papers and provide legal representation during divorce proceedings.
Divorce Law is a type of Family Law dictated by state laws, statutes, rules, codes, and common law. Therefore, the laws and procedures can vary significantly from state to state.
In a Divorce, assets, and debts are typically divided, custody, visitation, and child support are determined, the receiving spouse may be required to pay alimony spousal support, and parents often come as part of a divorce settlement to agreements and arrangements about a variety of other issues.
Divorce Law refers to a body of laws that pertain to the legal ending of a marriage.
Divorce Law includes the areas of:
- Property division
- Child custody
- Child Support/Alimony
- Visitation rights
- Legal representation
Child Support: A determination by a court of law that one parent is financially responsible for the support and welfare of a minor child
Child Custody and Visitation: Based on the child's best interests, it must be decided whether a child of divorce will reside full-time or part-time with each parent, trading schedules, and other holidays and parenting time.
Spousal support (also known as maintenance): is a type of monetary support that can be ordered during a divorce. When awarded, spousal support can be awarded to either the husband or wifeand is often ordered to be paid by the financially well-off party.
Division of Property and Debt: Whether one spouse will pay spousal support to the other is based partly on whether the spouses were married in a community-property state, an equitable distribution state, or a contractual state.
Separation: State law varies in recognizing legal separations and the topics listed above are relevant when a couple separates or when a divorce/dissolution is pending.