Divorce Laws - United States of America
Dissolution of marriage or divorce is referred to as the termination of a marriage legally in the purview of the court. A legal certificate of divorce or divorce decree is issued declaring the dissolution of the marriage, leaving both the spouses a choice to re-marry. Along with the decree, the court also issues orders with respect to spousal support, child custody and support, debt, division of property, etc.
The statutes of State laws dictate the divorce laws. Hence, divorce laws in the United States of America vary from state to state.
Grounds for divorce:
Divorce can be applied based on three grounds:
a) Fault grounds: This is the case where one of the spouses is at fault for a particular reason or the same is proven in the court of law by the spouse who pleads for divorce. Each state has laid down a few grounds based on which the partner is proved at guilty in the court of law. The following are the fault grounds based on which divorce is issued:
· Adultery
· Alcoholism and Drugs
· Abandonment
· Abuse (Physical and Mental)
· Bigamy
· Breakdown
· Compatibility issue
· Felony
· Homosexual partner tied in a heterosexual marriage
· Impotency
· Insanity
· Non-supporting Husband
· Neglect
· Religious cult (Either of the spouses following a particular cult that does not support marriage)
· Separation
· Any partner suffering from sexually transmitted disease
b) No-faults grounds: This particular type of divorce law case which comes into picture when both the partners have no particular reason for the divorce other than incompatibility reasons.
c) Separation: When both the parties (the husband and wife) have not stayed under the same roof for more than a particular period of time. The time period varies from 6 months to 5 years based on the particular divorce law of the state.
Requirements of the Divorce Law:
· It is necessary for at least one of the spouses to be a resident of the particular state where the divorce has been filed. However, the period of residence varies from state to state starting from 2 years to a maximum of 5 years.
The number of years of residence in a particular state is reduced if:
· The spouses had got married in the same state as in where the divorce papers have been filed and one of the spouses is still a resident of the same state.
· The failure of marriage or irrevocable teardown of the marriage began in that particular state when both the partners lived in together.
Other important items that fall under the divorce law are as follows:
· Child custody after the divorce
· Alimony and spousal support
· Child support if the spouse denies the custody of his/her child
· Division of assets and property made in by the couple (husband and wife) together either through a business venture or through any other mode that is substantially supported by legal documents.