Divorce Laws

A divorce is regarded as the termination of the marriage by a legal procedure. That is, it is the disintegration of the marital union formed by two people on the basis of love and commitment. A divorce is binding law on both the parties. Thus, the specially designed divorce laws are used to solve the divorce cases. The divorce laws are the complied rules and regulations that set the guidelines to handle a divorce case in the country.In United States, the federal family law describes the intricacies of divorce laws. But, every state will accept these provisions on the basis of modifications or alterations. Each state in the United States has formed its own divorce laws that guide the judiciary system to solve the following issues:

• Child Custody: While solving the issue of Child Custody, the Court keeps the best interests of the child in mind. The child custody may be awarded to both parents or only one partner, according to the relevant conditions. The non-custodial partner may apply for child visitation, which is a way to maintain contact with the child.
• Child Support: The income of both the spouses forms the basis to determine the child support amounts. Apart from this, the child’s needs are also taken into consideration. The calculation of the amount shall be based on the formula that the particular state applies.
• Alimony or Spousal Support or Maintenance: Alimony may be awarded to a partner who requests it to the court. The mode of payment may be lump sum or periodic. Usually, after the death of either partner or the remarriage of the recipient, the payment of alimony terminates.
• Property Distribution: Some states follow an equitable distribution of property where the Court separates the marital property in an equitable and just manner. There are many factors which are taken into consideration while deciding this type of division. Others are community property states where the marital property is divided in an equal manner.
• Spouse's name: Generally, women have the desire to restore their maiden name or the name they had before marriage, after divorce has been granted. They have to file a petition requesting a change of name and then the Court proceeds further.
• Premarital Agreement: A premarital divorce agreement mentions the terms of property division and other matters. Such agreement is to be formed before the marriage. If there exist any such agreement, then it can be carried forward during divorce.
• Residency Requirements: Residency requirements are the conditions of residency that are put by state laws on the spouses who wish to apply for a divorce in that particular state court. The period required to be eligible for an application of a divorce case vary from state to state. Generally, it ranges from three months to two years.

The Statutes consist of Titles which are comprised of Chapters. The Court deviates from the standard guidelines in the presence of certain circumstances.

The Divorce Procedure under the Divorce Laws

Every divorce has to follow a legal procedure that is mentioned in the divorce laws of that state. Usually, this procedure consists of filing a divorce case in the court after completing residency requirements. Such application can be made by any one of the spouses. If the couple agrees on the terms of divorce, then the mutual agreement is to be submitted in the court. But, if the spouses fail to conclude any kind of decision over the issues, the court will take help of divorce laws to solve the concerned issues. A final decree of divorce is to be obtained after completion of the waiting period.

The Improvements in the Divorce Laws

Divorce laws have been affected by many social and cultural changes. At first, the divorce laws were limited to fault divorce and contested cases. But, after the unilateral law, the divorce laws consist the provisions of " no-fault " divorces and their grounds. As per the demands and changes in the views of the people, the provisions -of mediation process and collaborative divorces form an important part of the divorce laws. Also, there is an addition of prenuptial agreement and rules related to it.

The Importance of Divorce Laws

As mentioned earlier, divorce laws are the necessary parameters on which a whole divorce case is based. The spouses that are opting for a divorce must go through the divorce laws of the state where a divorce case is to be filed. Also, the lawyers and attorneys have to study the divorce laws to form a proper and strong case for their client. The most important use of divorce laws is they provide the procedural and legal details to the court. Thus, the court can govern a divorce case effectively.