What You Should Know About Divorce in the US

The Origin of Divorce

• In the 17th century, Puritans decided that marriage was a civil contract that could be broken under certain circumstances.

• In the 18th century, almost all US states started enacting divorce laws.

• In the 19th century, more than 55,000 marriages ended in divorce in the US.

Since then the numbers have only increased.

Why Does a Couple Get a Divorce?

Common problems that result in divorce are:

• Growing apart after years of marriages

• Either partner feels unloved and unappreciated

• Financial turbulence

• Regular miss-communication and failure to reconcile certain notions

• Violence in the household 

Current US Divorce Law

• Divorce is governed by the state, rather than federal, law and hence varies across states.

• Federal Welfare Reform mandates the creation of child support guidelines.

• Alimony is excluded from being taxable income.

• Even in case of bankruptcy, child support and alimony obligations remain intact.

• All US states recognize divorce granted by other states.

• Majority of the states do not require mutual consent for a no-fault divorce.

Types of DivorceDivorce in the US may vary as per jurisdiction, however most have two basic approaches; fault based and no-fault based. Other types include: • At-fault divorce: Used to determine which the guilty party is.

• Summary divorce: Granted in some states, when both parties come to a union on certain grounds.

• Uncontested divorce: When both parties agree to all the terms and agreements post divorce.

• Collaborative divorce: If there is a conflict of interest as seen by any party, he/she may opt for this type.

• Mediated divorce: In this case, a mediator facilitates discussions between husband and wife to help resolve any differences.

Factors that Come Into Play: Alimony

Several factors come into play, beginning with alimony. A legal attorney will prove to be of assistance while dealing with these factors. Alimony is calculated by keeping in mind several factors, such as:

• Need and ability to pay

• Age, physical and emotional health, along with duration of marriage

• Standard of living established in the marriages

• Educational level and earning capacities

• History of financial and non financial contributions to marriages

• Equitable distribution of property and current income

Factors that Come Into Play: Child Custody and Child SupportThe need for child support may arise after assessing the parents’ income, cost of child care, amount of alimony and whether parents have additional children from other relationships.  • Child custody is determined by the parent’s ability to communicate and cooperate in matters

involving their child.

• History of domestic violence, interaction and past relationship with the child.

• Safety, needs and preference of the child, provided he has capacity to reason.

• Quality and continuity of child's education and stability of home finances.

• The health of the parents and their employment responsibilities.

Factors that Come Into Play: Division of Assets and LiabilitiesThis division can substantially impact your finances in the future.

• In states such as New Jersey, martial assets and liabilities are divided in an equitable fashion.

• Other states may give the judge the power to determine which separation is fair under the law.

• Assessment whether any property is marital property or separate property.

• Can be difficult to assess when parties own close held companies, stock holdings, multiple homes, and other executive compensation.

• At the time of distribution, division can be accomplished through negotiation, mediation, arbitration, litigation or collaborative law.

Factors that Come Into Play: Violence and Restraining Orders

Cases of domestic violence are registered if the following grounds are met in a divorce:

• Kidnapping, assault or homicide

• Terroristic threats or criminal restraints

• Criminal mischief or false impersonation

• Criminal sexual combat, lewdness or sexual assault

• Harassment, stalking or criminal trespass

Factors that Come Into Play: Visitation

Visitation or parenting time post-divorce is allotted to each parent to make the most use of.

• The time is determined by keeping in mind the best interests of the child.

• Visitation can often be an epilogue to child custody, hence the grounds of judgment remain mostly the same.

• The entire procedure of custody litigation and visitation is gender neural in all cases.

Civil Unions and Domestic Partnership

• Same sex couples are assisted by an attorney to dissolve their civil unions and end domestic partnership.

• Includes assistance to all members of society including Gay, Lesbian, Bisexual and Transgender.

• The terms for separation remain unchanged when it comes to separating assets and liabilities, and child custody.

Looking for an Attorney?

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