How Divorce Law Works

This article is designed to help anyone understand exactly how divorce law works. Obviously, marriage plays an important role in our society, but so does divorce. Divorce rates in the United States are at an all-time high, so it is important for anyone who rushes into marriage or is considering splitting up, to learn and understand all of their legal rights and obligations.

Marriage is a joining of two people that is recognized by the United States government. When a couple gets married, they are joining together as a team, promising to be faithful to one another, and pledging to combine their resources and property. Should a married couple later choose to divorce, they must reach an agreement to split what they owned as a couple. If they cannot reach an agreement, the law must intervene and choose how their assets are distributed between them. How divorce law works can vary by state, and it is not always a simple matter.

The first step in getting divorced involves going to court. A couple may present their divorce agreement to the legal system, who will, in turn, grant the couple the right to dissolve their marriage. Once the court finalizes the divorce, the two divorcees may choose to marry again and, if applicable, reclaim their maiden name. It is important for the couple to reach an agreement about how they will divide their belongings if their divorce is to go smoothly. So long as the couple is both in an agreement about the split, it is known as an uncontested divorce.

Filing for a divorce is not always a walk in the park. Sometimes the couple may not be able to agree on how they will split their money, property, and belongings. In some cases, one of the parties involved may not want the divorce to happen. In scenarios like this, it is important for the couple to retain legal assistance from an attorney, who will help the couple reach an agreement. Until the couple is in agreement, the court will not allow the divorce. If one side of the couple is fighting the split it is known as a contested divorce.

Divorce law is different depending on which state the couple resides in. In general, the court will require decisions on the following: the division of real estate, the custody of children if there are any, and the need for one side to pay alimony or child support to the other. If the couple has children, and one side wins custody, the court may order the other side to pay child support. The money from child support goes to the parent who has custody of the children. This money is for the cost of the children’s living, including clothes, diapers, and food. In many cases, the court will issue visitation rights to the parent without custody.

It is important to check your state’s laws regarding divorce prior to taking it to court. The majority of the time, it is possible for a couple to reach an agreement about their separation without the need for legal help. Legal representation is a wise choice when a compromise cannot be reached, as an attorney’s knowledge about state divorce law can be crucial to forming a mutual and fair agreement.

Equally as important as checking the state's laws is sourcing out an attorney. There are thousands and thousands of divorce lawyers that actively practice in the United States. This is why it is very important to find someone local, who is experienced in this kind of law and has handled cases like this before. Divorces can get very messy, so make sure you take all of the necessary precautions if you are thinking of splitting up.