Articles in "Divorce"

Understanding Divorce Law

There has been a sweeping revolution in divorce law in the United States during the past 35 years, and it is still under way. The changes brought about by this revolution have fundamentally altered the framework of how a divorce is obtained and how divorce affects spouses and children. These dramatic legal changes are, as [...]

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What is No-fault Divorce?

No-fault divorce is exactly what it sounds like. There is no “fault” involved in the grounds for divorce. Neither spouse must prove that the other spouse has been guilty of misconduct. In fact, any misconduct is essentially irrelevant to obtaining the divorce. Adultery and other forms of marital misconduct are generally no longer penalized by the [...]

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The Division of Marital Property

In the area of property, the new divorce laws have brought about radical changes. Traditionally, in all but the few community-property states, the division of a couple’s property upon divorce was a simple matter. The spouse whose name was on the title to the property was the owner of the property. In most cases, this [...]

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Understanding Alimony and Maintenance

Prior to the recent changes in the law, many wives were considered to be eligible for and even entitled to continued support by their ex-husbands after the marriage, often for the rest of their lives or until their subsequent remarriage. This support was provided to the wives by alimony payments.

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Understanding Child Custody

In the past, the law assumed that mothers were best suited to care for minor children. When a family was broken by divorce, there was a strong legal presumption that the mother, and only the mother, was to get custody. Traditionally, the only way a father could get custody was to prove that the mother [...]

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Understanding Child Support

One of the continuing tragedies of divorce is the failure of many children of divorce to receive adequate child support. In over 50 percent of all child support situations, the required payments are either paid late or not at all.

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Divorce in General

The major changes in all phases of divorce law, discussed in other articles in this category have begun to incorporate the equally important changes that have taken place in society in general during the past 35 years. Economics has replaced morality as the overriding concern in many aspects of Ameri­can society. Women are gradually being treated [...]

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Divorce by Agreement

The alternative to both the uncontested default divorce (in which one spouse does not participate in the decision-making) and the contested divorce is the divorce by agreement. In this type of divorce, fault is not a factor.

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Understanding Mediation

If after an honest attempt to come to an agreement, you and your spouse are still un­able to reach an accord, there are other methods of dispute resolution available before you seek legal help. The use of a neutral third person can often make the difference in negotiating a settlement.

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Preliminary Matters

The first and most important preliminary matter that you and your spouse must both confront is: You are urged to think very seriously about the answer to this question. Until your divorce is actually finalized by a court of law, you can attempt at any time to reconcile your differences with your spouse and continue [...]

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