An Overview of Divorce Law

Deciding to divorce can be a difficult decision and an emotionally charged time for all involved. However, it’s important that you know your rights during this trying time.

Definition of Divorce

A divorce legally dissolves your marriage. In the United States two types of divorce are recognized under the law; absolute, and limited.

An absolute divorce totally severs any legal ties between you and your spouse. You are both literally single again and free to remarry.

A limited divorce is more like a legal separation. You and your spouse are not allowed to live together or have sexual relations with each other or anyone else. This separation can continue until the situation of one of the spouses change and an absolute divorce is sought through the court system.

Property Division

Part of the divorce process is dividing the property between you and your spouse. Marital property is considered anything purchased or acquired during the marriage either jointly or individually. Separate property is anything that you or your spouse acquired before you were married.

The court will seek to divide the property equally, which means not necessarily the amount of property, but the monetary value of the property. Most judges will take into consideration the contribution to the accumulation of marital property, liabilities, and the age and health of you and your spouse among other things.

Alimony

In some cases a judge will award alimony to you or your spouse. There are three types of alimony. Permanent alimony must be paid until the death of the person receiving it or that person remarries. Temporary alimony is money paid for a specified amount of time. Rehabilitative alimony is a lot like temporary alimony except this type of payment is to help the spouse with the least amount of earning capacity to either get some training in order to gain adequate employment, or until the spouse has adjusted to being single.

Child Custody and Support

If children are involved the Court may decide which parent is to receive custody of the children and set visitation rights and child support payments. Most states allow the judge some leeway in this matter and allows the Court to take a variety of things into consideration.

Family Law Assistance

There are many issues to consider when you are involved in a divorce. Before entering into any divorce or child custody or child support agreement you should consult a competent and qualified divorce attorney. It’s important to protect your rights during this difficult time.