A divorce is the legal dissolution of a marriage by a court or other competent body.
Grounds for divorce vary by jurisdiction but commonly include:
- Adultery
- Desertion
- Cruelty or abuse
- Irreconcilable differences
- Legal separation
- Contested Divorce: Both parties disagree on one or more issues.
- Uncontested Divorce: Both parties agree on all terms of the divorce.
Legal Process
File a divorce petition with the court in your jurisdiction, which outlines the marriage, the grounds for divorce, and any other relevant details.
- Marriage certificate
- Financial statements
- Divorce petition
- Any relevant agreements (e.g., prenuptial)
The duration varies by jurisdiction and the specifics of the case, typically ranging from a few months to over a year.
Financial Considerations
Property division depends on whether the jurisdiction follows:
- Community Property Law: Assets acquired during the marriage are divided equally.
- Equitable Distribution Law: Assets are divided fairly but not necessarily equally.
Alimony, or spousal support, is financial assistance paid to a spouse after a divorce to maintain their standard of living.
Debts are typically divided similarly to assets, depending on whether they are considered marital or separate debts.
Child Custody and Support
Custody decisions are based on the best interests of the child, considering factors like:
- The child’s age
- The child’s health
- Emotional ties between child and parents
- Parents' ability to care for the child
Child support is a financial obligation paid by one parent to the other to contribute to the costs of raising their child.
Child support is calculated based on:
- Parents' incomes
- Number of children
- Custody arrangements
- Child's needs
Legal Representation
While not required, having a lawyer can help navigate the complex legal process and protect your interests.
Consider:
- Experience in family law
- Reputation and reviews
- Communication style
- Fees and costs
You may qualify for legal aid or pro bono services. Some courts also offer self-help resources.
Mediation and Alternative Dispute Resolution
Mediation is a process where a neutral third party helps the spouses negotiate and agree on divorce terms.
- Lower cost than litigation
- Faster resolution
- Less adversarial process
A collaborative divorce involves both parties and their attorneys working together to settle without going to court.
Post-Divorce Considerations
Submit a name change request to the court, and update your name with relevant institutions (e.g., Social Security, DMV).
File a motion with the court if your ex-spouse fails to comply with the terms of the divorce decree.
Yes, under certain circumstances, such as changes in income, employment, or the needs of the child.