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Divorce Law
Divorce Laws came into existence when marriage was defined as a “civil contract”. Before that, only the church had the right to perform a divorce. Once marriage became a “civil contract”, the civil authorities took jurisdiction. Various countries have accepted the modern divorce over a long stretch of time. Scotland recognized it in 1560, England in 1670, and Canada in 1960. Recognized Grounds for Divorce Until the 1960s, a spouse seeking divorce had to prove that the marriage was no longer workable for reasons like cruelty, incurable mental ailments or adultery. This procedure led to problems of false evidence being presented to “prove” a case. A bill called the No-Fault Divorce was passed in 1969. Under this law, it is not necessary that either spouse be guilty of anything specific. Some common no-fault recognized grounds for divorce are: irreconcilable differences, irremediable breakdown, loss of affection, alienation of affection, etc. Fault laws still exist and can include domestic violence, child abuse, felonies, etc. State Differences A divorce involves lots of issues and different states have different ways of solving them. These can be concerned with asset distribution, child support, alimony, pre-nuptial agreements, etc. Community Property states usually presume the equal distribution of property. Equitable distribution states take into account all factors of a marriage before deciding on the distribution. Most states impose a certain period of time that must elapse between the filing of a divorce and the granting of a divorce. A marriage is not legally over until the judge signs the divorce decree. A lot of states also suggest (some may even require) marriage counseling as an option before applying for divorce. It helps to resolve small conflicts and, in case they cannot be resolved, it presents a better picture for the judge to rule on. In case of no-fault divorces, the states will usually try to resolve a divorce instead of granting it readily. Documentation and Procedures Hire a good attorney who can tell you precisely what needs to be done at what stage and can always advise you of your rights. You will start off by filing the application using the forms and supporting documents that are required by the court in which the case will be filed. Forms are available at bookstores or can be printed from the Internet. However, if you have an attorney all this will be done for you. Documentation must be provided regarding children (if any), current job and salary, financial statements, mortgages, etc. Since assets are going to be divided, the court cannot rule properly if this information is false or not provided. Once all the forms are completed, you or your attorney has to file them in court with the required court fees. The judge will address the file in its turn. From there on, the rules of the state and the courtroom will be followed to reach to a peaceful settlement. DivorcePartners Contact Us Divorce Record Divorce Papers Divorce Attorney Online Divorce Rssfeed Googlemap Divorce Link Partners Basic Divorce Information Divorce Settlements Uncontested Divorce Links Page
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