Divorce Law

Divorce Law
By: Patricia Woloch

Marriages in the United States are legal contracts between a husband and a wife. While you might simply leave your spouse, if something were to happen to either of you, the other might be liable for debt, or inherit money that you don't want to allow your spouse to have. A divorce is the way to legally dissolve a marriage and split shared assets. Although divorces are emotionally taxing, most of them are resolved amicably and not in bitterly contested court proceedings.

There are the basic types of divorce:

1. No-fault

2. Fault

3. Summary divorce

No-Fault

If neither partner contests the grounds for a divorce it is considered a no-fault divorce. You both want to dissolve the marriage and move on without laying blame or guilt on the other. Over the last thirty-five years, no-fault divorce has become the dominant basis for divorce. In many marriages, the relationship may be over for several months, the husband and wife are already living separately, and a no-fault divorce simply puts a legal stamp on the new arrangement.

No-fault divorces are more civil than other divorces. Usually, "irreconcilable differences" are cited as the reason for dissolution. The no-fault option is emotionally easier on you. The courts recognize that sometimes marriages fail and there is no reason to get into a heated battle just to part ways. Currently, all 50 states allow no-fault divorces.

Fault

Only thirty-two states presently have laws recognizing fault in some divorce cases. Some of the grounds for seeking a fault divorce may include:

• Adultery

• Physical abuse

• Mental abuse

• Attempted murder

• Drug use

• Impotency

Finding fault in one spouse may affect child custody and division of property. It may also provide an emotional release for one party to find fault in the dissolution of the marriage by being able to blame the spouse.

Summary divorce

Most states offer another option to couples without a lot of baggage involved in the relationship. A summary divorce can be granted to couples with no children and little property to dispute.

Some of the benefits to a summary divorce include:

• Less paperwork to file

• Fewer court appearances

• Easy negotiations

When children are involved

One of the hardest parts about dissolving a marriage is how it affects the children. Often children do not understand why parents are getting divorced and may feel that they are partially to blame. It is important to work with your spouse to minimize the conflict of the divorce and establish as stable a home environment as soon as possible.

In many cases, you and your spouse will work together to determine the best arrangement for your children. If that is not possible, you may want to retain an experienced divorce attorney to help you mediate a good working arrangement. Remember this stage of the process is vital to the emotional well being of your children and should not become bitter and divisive.

If you and your spouse cannot agree to custody and child support arrangements, the court will step in and base their decisions in the child's best interest. Most states will lean toward allowing the mother physical custody of the children, and assess child support to the father. If the mother is proven incapable of parenting, the courts may decide for the father. Regardless, it is best to work these issues out with your spouse ahead of time so the court doesn't have to step in.

Dissolving a marriage is a big step in life that should not be taken lightly. Even if you are certain that you can no longer live with your spouse, be prepared for an emotionally draining process, especially when children are involved.

Article Source: http://www.articlesbase.com/parenting-articles/divorce-law-452502.html

About the Author: Patricia Woloch. Contact the attorneys at Lusk, Drasites, Tolisano & Smith, P.A. for more information about divorce law.