Truth be told, divorce is an extremely difficult and painful process for anyone. However, by knowing how divorce law works and understanding the role of the court in divorce can make the entire transition easier and smoother.
There are laws in place that governs the dissolution of a marriage. In ever country, they have their own laws when it comes to divorce. In fact, these can differ from state to state within a nation. By know the laws in place for your state, you can help prevent a bad situation from worsening and avoid future problems.
In USA, there are two basic forms of divorce and this is the fault based and the no-fault based according to experts from this site. But, in some jurisdictions, whose law don’t require a party to claim fault of their partner, the court may still take in consideration the behavior of both parties when it comes to dividing assets, properties, debts, and this also includes evaluating custody and support.
The fault-based divorces can be challenged and it may involve assertions of conspiracy of the parties, provocation or connivance by the other party. In no-fault divorce, the dissolution of marriage doesn’t require proof or allegation of fault from either parties. There are 49 states in USA that have adopted the no-fault laws with the bases for divorce including irreconcilable differences, incompatibility, and irremediable breakdown of the marriage. But New York is the only exception wherein they still need a proof of fault in the case.
Approximately 95% of divorces in the USA are uncontested because the two parties are able to work out an arrangement when it comes to the children, support issues, property and debt. In case the both parties can agree and present the court a fair and equitable agreement, then the approval of their divorce is almost a guaranteed case. More info about this can be found online.
The divorce laws typically recognise 2 types of property during the division of properties and this is the separate property and marital property. The separate property includes any property one spouse purchased prior to their marriage and this did not substantially change in value during the entire course of marriage. Whereas the marital property includes all the properties acquired during the marriage whether individually or jointly. Under the modern divorce laws, separate property is returned to its original owner and the marital property id divided based on the negotiated settlement and what the court considers as equitable. If ever you are looking for a divorce lawyer, go to the site at http://www.ehow.com/how_2004300_find-divorce-lawyer.html for references on how to find one.
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