SafetyForWomen

This article briefly discusses some of the legal aspects of divorce. This area of the law can be very complex. It varies significantly from state to state. If you have specific questions regarding divorces, and other family law matters please consult an attorney specializing in that area of law where you live!

DIVORCE

Many states term this "dissolution". However named, it is the formal, legal means of ending the marriage "contract". Other than by the death of one partner, or by "annulment" (discussed below), it is the only way to legally end a marriage.

"No-fault Divorce": Most states have adopted "no-fault" dissolution laws. This means that there is no requirement to prove any wrongdoing on the part of one of the spouses. All that is needed is to state that the marriage has broken down and is irretrievable. Who is or isn’t at fault is not an issue. Note- there are still a few states that require proof of some wrongdoing on the part of one spouse. Check your local laws.

Annulment: This is a court ordered dissolution of a marriage that was invalid to begin with. It nullifies the marriage from its inception, and is generally used in situations where no valid marriage exists because of some legal defect.

Separation: This is a step short of formal dissolution. Some states have a "formal" or "legal" separation in which a court order or other agreement between the partners is made. A couple may decide to separate when a marriage is faltering. Formal separation agreements usually contain agreements regarding support, property, etc. During a separation, (formal or informal), a couple is still legally married.

Each state has very different procedural requirements for granting divorces. You must determine and follow the requirements for the state in which you are requesting a divorce. Note- A divorce does not need to be granted in the same state as the marriage was entered into! Divorce is a complex and emotional area of the law. You will probably need to retain a lawyer to represent you and your spouse will need his or her own lawyer as well. It is never a good idea to have one lawyer representing both spouses in a divorce proceeding,

Jurisdiction: Before granting a divorce, a court must have jurisdiction over the partners. Generally some sort of residency in the state is necessary. There may be minimum time periods. Note- The residency may be satisfied by just the spouse seeking the divorce; the residency of both spouses may not be necessary. Also, some states may have special rules regarding members of the military.

Petition: This is the formal request for the dissolution action. In some states it is known as a "complaint." The partner seeking the divorce must have the petition "served" on the other spouse. This gives the other spouse notice of the action and an opportunity to answer. State law will determine how such notice is to be given.

Temporary Orders: After a petition is filed, many states will grant temporary orders. These are interim measures designed to deal with such issues as support, child custody, living arrangements, payment of bills, custody of property, and protecting people while until a Final Hearing is held. Spouses may be able to agree on these arrangements and no court hearing or decision will be required.

Final Orders: Generally, if both parties can agree on all terms of the dissolution (property distribution, support, child custody, etc.), a dissolution can be obtained relatively simply and quickly. If agreement cannot be reached the process may take much longer, eventually resulting in a trial for a court to decide.