"Divorce statutes" refers to laws or regulations that govern the process of legally ending a marriage. It provides guidelines and rules on aspects such as child custody, property division, alimony, and other issues related to divorcing couples.
Full definition
Many states have enacted no -
fault divorce statutes, which protect both parties from having to prove that the other party committed an act considered grounds for divorce.
California started the no - fault divorce revolution when it passed the first no - fault
divorce statute in 1969.
According to New
Jersey Divorce Statutes 9:2 - 4, the court may give either parent custody after taking into consideration several factors.
A Husband's claim that New York's «no - fault»
divorce statute violates his constitutional rights has been rejected in the March 28, 2011 decision of A.C. v. D.R..
Learn also of our site's unique resources to help you consider issues of parental responsibility (formerly called «child custody») and timesharing (formerly called «visitation»), and to locate on - line
Colorado divorce statutes of relevance to your Colorado divorce.
Most people don't sit around and read the
Minnesota divorce statutes and debate the finer points of property division with friends at a dinner party.
In fact, the attorneys specifically agree (and the North Carolina collaborative
divorce statute requires) that they will not go to court, but instead will use collaborative law proceedings.
While the Family Law and
Divorce statutes do not prohibit such a clause, they do seem to run against the general «no fault principals» of those same laws.
In the video below, from the Florida Academy of Collaborative Professionals, attorneys, mental health professionals, and financial professionals discuss the new
collaborative divorce statutes and rules:
The first no -
fault divorce statute was drafted in California by a legislator who had ended a 25 - year marriage to wed a younger woman; of the 14 assemblymen who testified for the law, ten were divorced.
Though not in
the divorce statute, the courts in the state have found that a spouse may be abandoned, even while still sharing a home with their husband or wife.
The case arose from Minnesota's revocation - upon -
divorce statute.
Further, servicemembers and their spouses are presumed to be residents of Florida for purposes of
the divorce statute if they are stationed in the state.
When getting a divorce in Wisconsin, it is important to understand the state's
divorce statutes, particularly if you and your spouse do not agree on the terms of the divorce.
Oklahoma's
divorce statutes don't include a specific prohibition about dating.
In amending
the divorce statute to include Irreconcilable Differences, New Jersey was playing catch - up to most other states that have provided this option for at least a decade.
When getting a divorce in Wisconsin, it is important to understand the state's
divorce statutes, particularly if you...
All jurisdictions now have no - fault
divorce statutes.
In the video below, from the Florida Academy of Collaborative Professionals, attorneys, mental health professionals, and financial professionals discuss the new collaborative
divorce statutes and rules:
Nevertheless, even today, not all states have enacted no fault
divorce statutes.
Many states have enacted no - fault
divorce statutes.
No fault
divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party.
The option of divorce mediation is filed under the PA no - fault
divorce statute, meaning that in order to establish grounds for a divorce, one does not need to show fault which caused a divorce to be filed, such as adultery, mental cruelty or physical abuse.
Since
the divorce statute changed as of January 1, 2016, when a maintenance formula was added to the statute (see below), the parties sometimes do agree to file the Petition as a way of stopping the clock on maintenance duration.
Prepare for mediation by becoming familiar with
the divorce statutes and the components of a separation agreement to have the best chance at success.