Divorce Law: What You Need to Know Before Getting a Divorce

Divorce law covers an extensive field of legal matters that come into play when a couple decides to dissolve a union through a court. Different jurisdictions have varying regulations concerning divorce law, but some provisions are common. When both parties can’t agree on how to end the union, going to court is the best way out or involving a negotiator.

The Components of a Divorce

Divorce can be messy, financially and emotionally, making the process long. To deal with the unpleasant process, hiring a qualified divorce lawyer is recommended to help you navigate the matter. Hiring an attorney will simplify the process when a couple has children and owns properties.

Those without joint assets or children find it easy to manage the dissolution between them instead of wasting hours in court. However, before rolling out the process of dissolving a marriage, you must know the components of a divorce and what to expect.

  • Asset Division – The property acquired during the marriage period is known as “marital property,” including money, assets, and debt. However, couples who sign a prenuptial agreement before marriage stating otherwise have different situations. The court divides common properties, money, or some debt as per the state law.
  • Child Custody – Dissolving a marriage involving children can be complex when the parties don’t agree on parenting terms. It’s common for one party to want children to themselves, but the court will decide the best person to keep them while the other gets visitation rights. In some unique cases, the court might grant one parent or closest relative full custody. The decision is made with the child or children’s best interest at heart.
  • Child Support – Both parents are responsible for contributing to their child’s upkeep for their time with them. Most states will make calculations depending on the child’s normal life and determine each party’s contributions.
  • Alimony – Otherwise known as “spousal support or maintenance,” a monthly allowance paid to a spouse to aid them in transitioning out of marriage. Marriages that lasted over 10 years may have a limit of the amount depending on circumstances.

Grounds of Divorce

Although divorce law may vary from jurisdiction to jurisdiction, It’s a rule of thumb to provide a valid reason for a divorce. The grounds accepted by law are in two categories.

  • No-Fault Divorce – Some states only provide this option for couples filing for a divorce where neither spouse blames the other for the divorce. Instead, whoever files to end the marriage declares it’s over, and there’s no chance for reconciliation.

A good divorce lawyer will help you understand these legal terminologies and explain what’s at stake. No-fault divorce cases are less intricate because you have nothing to prove about your spouse’s actions or what went wrong in the union. When couples don’t fight about who was wrong or owns what, the process is fast, and no time or money is wasted.

  • Fault-Based Divorce – When filing a fault-based divorce, you must prove beyond a reasonable doubt that the other party is responsible for the dissolution. Grounds that permit this kind of divorce include adultery, physical or mental cruelty, or desertion.

Divorce law has legal provisions that cover all partners and children involved. For this reason, you need a qualified divorce attorney to help you through the process because they understand the process.


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