A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce gives each person the legal right to marry someone else. It also legally divides the couple's assets and debts and determines the care and custody of their children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.
In some states you need to prove fault, commonly referred to as "grounds," to be able to obtain a divorce. The majority of states allow at least one form of "no-fault" divorce, where it is not required to prove any fault. If no-fault grounds for divorce are available in your state, either party may obtain a divorce, even if the other party does not consent to the divorce. In some states both fault and no-fault divorce grounds are available. An experienced attorney can help you determine if you should pursue a fault based or no-fault based divorce. The primary issues to be decided during a divorce are alimony or spousal support, property division, and, if there are children, child custody and visitation and child support. When spouses agree, they can usually obtain a divorce quickly. More typically, divorcing spouses have disputes regarding their post-marriage financial arrangements and the care and custody of their children.
Each state has different laws regarding division of marital property. Thirteen states follow the community property system, where marital assets are split equally. The rest of the states use an equitable distribution system that divides property after consideration of a number of elements in a manner the courts deem to be fair given the particular situation. Any award of alimony, or ongoing financial support from one spouse to the other is made in conjunction with the distribution of property. Property division and alimony are often hotly contested and the early advice of an experienced family law attorney can greatly impact the ultimate result.
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Marriage