Thinking about getting divorced?
Divorce is a complicated process. There’s a maze of laws to understand, forms to file, and life-changing decisions to make that will impact you for decades. Recent data shows that 41% of first marriages end in divorce… Which is why you’re definitely not alone.
But here’s the thing…
Knowing how divorce works and what the law requires can help you save time, money, and a lot of unnecessary stress. And that’s exactly what this comprehensive guide is for.
What you’ll discover:
- What Divorce Laws Really Mean For You
- The Different Types of Divorce Available
- How Property Gets Divided During Divorce
- Child Custody Laws Explained
- Why You Need Legal Help
What Divorce Laws Really Mean For You
Divorce laws refer to the specific legal rules in your state that govern the process of ending a marriage.
They determine the steps involved in filing and finalizing a divorce, how property is divided, child custody and support arrangements, and spousal support issues. Every state has its own unique set of divorce laws that vary significantly from one another.
Some states make it relatively easy to get divorced, while other states have more requirements and obstacles to overcome before finalizing a case. Divorce laws address key issues like:
- Property division
- Child custody and visitation
- Alimony (spousal support)
- Filing procedures
- Waiting periods
- How long the entire process takes
But here’s what most people don’t realize…
Divorce laws have a direct impact on the strategy you use and the outcome of your case. Working with an experienced divorce lawyer who is well-versed in the laws of your state ensures you avoid making expensive mistakes and achieve the best possible result.
Why? Because the right legal guidance is so important when your future is on the line.
The Different Types of Divorce Available
Did you know there are different kinds of divorce?
Depending on your circumstances, you may be eligible for various divorce types. Let’s review the primary ones…
No-Fault Divorce
The most common form in modern times is no-fault divorce. In a no-fault divorce, neither spouse is required to prove that the other is responsible for the breakdown of the marriage.
You simply state (usually with some combination of the following language) that the marriage has broken down beyond repair:
- Irreconcilable differences
- Incompatibility
- Separation (in states with a mandatory separation period)
The vast majority of states offer no-fault divorce. It’s quicker and more cost-effective since you’re not litigating who is at fault for the end of the marriage.
Fault-Based Divorce
While many states have no-fault divorce laws, some states still allow you to file for divorce based on one spouse’s “fault” for the failed marriage. The accusing spouse must prove one or more specific grounds exist, such as:
- Adultery
- Abandonment
- Cruelty (physical or mental abuse)
- Imprisonment
- Addiction (substance abuse or other types of addiction)
Fault-based divorces take more time and money since you must litigate your claims before a judge or jury.
Contested vs. Uncontested Divorce
There is one other major distinction to be aware of…
Uncontested divorce means that both parties agree on all the major terms and conditions. You have negotiated a settlement regarding property, children, support, and other issues. Uncontested divorces are faster and less expensive.
Contested divorce means that you and your spouse do not agree on one or more key points. The case ends up in front of a judge or goes to trial. This takes longer and costs more… But sometimes it’s necessary.
New data from family law shows that 72% of cases involve at least one self-represented party. That’s a staggering percentage and shows how many people try to handle divorce by themselves.
Don’t make that mistake.
How Property Gets Divided During Divorce
Property division laws in your state will dictate how your marital assets and debts get divided during divorce. The two primary systems in the United States are:
Community Property States
In community property states, most property acquired during the marriage is considered “community property” owned 50/50 by both spouses. Even if one person made all the income or one person is on the title, most property gets split down the middle.
However, there are exceptions and exemptions for things like inheritances, gifts, etc. Even in community property states, there is a lot of nuance.
Equitable Distribution States
In these states, marital property is not necessarily divided 50/50 but instead “equitably” or fairly. The judge will examine the following factors when deciding how to split property:
- Length of the marriage
- Each spouse’s income and earning potential
- Custody arrangements for children
- Contributions to the marriage (including homemaking)
Then they will use their discretion to decide on a fair division. This might be 50/50, but it could be 60/40 or 70/30 based on the circumstances.
And here’s where it gets tricky…
Determining what’s “fair” can be a complex process and requires deep expertise in your state’s divorce laws. That’s why having legal counsel is so critical.
Child Custody Laws Explained
If you have children, custody is likely the main concern on your mind.
The good news is that courts in all states now use the same guiding principle in custody cases: what is in the best interests of the child. The bad news? It’s not always as simple as it sounds.
Physical Custody vs. Legal Custody
Physical custody refers to where the child or children will live most of the time. This could be one parent with sole physical custody or both parents with joint physical custody (kids splitting time between both households).
Legal custody is the right to make important decisions for the children. This includes education, medical care, religious upbringing, etc. Many states strongly favor joint legal custody even if physical custody isn’t equal.
What Courts Consider
Judges will consider all relevant factors when making custody determinations such as the child’s age and needs, each parent’s relationship with the child, ability to provide a stable home environment, and any history of abuse or neglect.
Family courts want children to have a healthy relationship with both parents when appropriate. But every case is unique.
Child Support and Alimony Basics
Don’t forget about money matters.
Child Support
If one parent will have primary physical custody, the other parent will likely be required to pay child support. Every state has guidelines for calculating this amount based on both parents’ incomes, the number of children you have, and the custody arrangement. This continues until the child reaches 18 years old in most cases.
Alimony (Spousal Support)
Alimony is financial support one spouse pays to the other after divorce. Alimony is not guaranteed in every divorce case. It depends on the length of the marriage, each spouse’s income and ability to work, standard of living during the marriage, and other factors. Alimony can be temporary or permanent.
Why You Need Legal Help
Let’s be real…
Divorce law is complicated. What works in one state will not work in another. The “fair” result for one couple will not be fair for another.
Attempting to do divorce on your own is a high-risk proposition. You can make costly mistakes that impact your finances and your relationship with your kids for years to come. A qualified lawyer will advise you on your rights, guide you through the process, negotiate for you, and advocate on your behalf if necessary.
The cost of an attorney is often far less than the cost of going it alone.
Final Thoughts On Divorce Laws
Divorce laws were created for a reason: to make divorce as fair as possible for everyone involved.
When you understand these laws ahead of time you have a better chance at:
- Making smarter decisions about your case
- Avoiding major mistakes that hurt your outcome
- Navigating the process more quickly with fewer roadblocks
Every divorce is different. What happened in someone else’s case is far less important than your own unique circumstances. But a strong foundation of legal knowledge can give you the confidence you need.
If you’re facing divorce or are in the middle of the process, don’t take on the challenge by yourself. Get the legal representation you deserve so you can move forward with your life.
