Legal Issues of Divorce: The Divorce Law

It is important for anyone to be aware of the basic laws surrounding divorce cases. One should have an insight on what are the rights and fundamentals of the divorce law so if such unfortunate event may occur on yourself or on someone you know what the law permits you to do. There is much about the divorce law and the issues that surround them that even the lawyers themselves find irrelative at times. You don’t need to know about every Act passed by the state but there are some basic issues you might want to be familiar with.

A divorce petition must be filed by one party even if it is a mutual agreement to get a divorce.

The residency requirement is the law that requires you both to be a resident of your state for a minimum required length of time which varied from state to state. Say you have to spend six months in resident before filing a petition.

The following law to residency state is you must get divorced in the place you live and not where you might have been married.

Separation is a rule that some States that requires you to live away from one another to reconsider the divorce in case there is some way to reconcile the heart with time. Especially if there are children involved in a custody battle.

Once a petition is filed it is required that the other party provides a response to the petition either defending himself or providing with a lead dispute in response.

It is always better for the couple to resolve the issues before deciding it to take the whole thing to the court. Even if the case needs to be submitted the court it is better to be mature and resolve the battle and discuss what to expect while at the court under the obvious laws

When it comes to details on child custody or division of property you enter the complexities of the divorce law, although it depends on different cases but most of the times laws are on the firm relative grounds.

In the case of property both parties sit and agree upon who has the right to take what and what property or asset comes under whose name. This is mostly settled in arbitration under the respective laws and if not under the laws judge approves the decision accordingly.

When it comes to child custody the particular case depends on whether both parties have a mutual agreement upon it so it may be settled outside the court. Most of the time under the law of the state the social workers have the right to make the decision depending on the living conditions of the custodian or under most cases when the child(ren) are infants then the custody goes to the mother. Further, the judge approves any details of visitation, child support of shared custody etc.

There are few post-divorce laws one must look into as well:

In most cases, if the wife was financially dependent on the husband the judge will order under the state law to provide alimony even after the divorce.

If after the divorce one of the both parties move to another state there will be a change in visitation schedule under child custody that must be adhered by the resident state where the child custody took place.

Sometimes one of the spouses needs revisiting after the divorce which might need reconsideration of the property and wills according to the current desire and under the development of new laws.

In a rare chance, there are cases of remarriage and there is a lot that might change in judgment considering the children under the eyes of social workers who kept the insight on the child custody.