Divorce Law

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Divorce Law

Divorce is a court procedure that dissolves the marriage between a husband and wife.  When a divorce is finalized, each person is then free to remarry if they choose.   

Residency Requirements for Obtaining a Divorce

All states require the spouse filing for the divorce to be a resident of that state. The time requirements for establishing residency vary, but generally range from 6 months to a year.

Different Types of Divorces: "Fault" & "No Fault" States

Each state has their own procedure for divorce. The majority of states adopt the "no fault" approach to divorce, while some retain a "fault" divorce system: 

Property Division after a Divorce

In many cases, a couple filing for divorce is able to work out an agreement concerning the division of their property and debts on their own. In cases where such an agreement cannot be reached, a court must step in and apply state law to settle the dispute. State laws regarding the division of marital property are classified under two categories: 

Exceptions to the Equitable Distribution of Property During Divorce

It is important to keep in mind that although assets and earnings accumulated during marriage are divided equally upon divorce, there are exceptions laid out in statutes.  Such exceptions include:

Do I Need an Attorney Specializing in Divorce?

The Court process for obtaining a divorce can be very confusing, so it may be wise to consult with a family attorney to help explain your rights and to protect your interests. A lawyer experienced in divorce will know how to navigate through the complicated legal process in an efficient manner, and be there when you have questions.

Vea esta página en español: Divorcio o visita Abogados-Leyes.com para más información legal.

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Last Modified: 02-18-2014 12:16 PM PST

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