Before you begin to prepare your actual divorce papers, you need to know exactly where you will be filing for your divorce. Three legal considerations enter into this decision. The first is residency. All states have some type of residency requirement regarding filing for divorce. You may only file for your divorce in the state in which you… Read More »
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 with your marriage.… Read More »
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.
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.
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 more equally and… Read More »
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.
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 was totally “unfit”… Read More »
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.
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 was the husband.
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 law of divorce.… Read More »