Divorce Laws - Common Grounds Covered Under Divorce Laws

During a divorce, there is a very wide array of laws that may be applied during negotiations or trials. These laws may cover anything, from what belongings will remain is whose custody to child and spousal support and retirement savings. An attorney with experience in divorce proceedings is able to help someone ensure they receive all they may be entitled to during the process of seeking a divorce.

Child Protection and Support

Under the vast nature of these aspects covered by laws surrounding the nature of divorce, the most commonly known laws pertain to child support and material belongings. There are agreements that protect the assets one has earned previous to marriage, called prenuptial agreements. If a prenuptial agreement has been signed, it means that the assets one of the parties had gained previous to the marriage remain the sole possession of that party. In the case of a divorce, there would be no question that those assets would remain with the owner as stated in the prenuptial agreement. When there has been no agreement made or signed, the parties involved must come to an agreement regarding their belongings and other assets and who will retain custody of those items. If this cannot be done amicably, a trial may occur where a judge will make the decision instead.

Child Custody

In proceedings where children are involved, custody and child support usually come into play very quickly. Custody hearings may involve a separate trial altogether, but child support is usually approached under the initial divorce proceedings. It can be very costly to raise a child, and as most are aware, life as a single parent is no easy task. Child support payments may be required in order to ensure that the child's quality of life remains stable after the separation.

Spousal Support

Spousal support in an area that many people ask questions about. In some cases, one spouse may be required to assist the other in maintaining their quality of life. An example of this can be if a man asks his wife to retain the traditional role of housewife while he works. When a divorce occurs, this woman may not have the life skills needed to obtain work outside of the home and earn the money needed to maintain a healthy quality of life. A judge may rule that the husband is responsible to ensure of this, since it was he who suggested she forgo those life skills in order to fulfill the role of traditional housewife. This can also occur in opposite roles, where a woman may be required to provide her ex husband with spousal support payments.

These are just a few examples of what is covered by divorce laws, although there are many other aspects included and they do vary according to region. When considering a divorce, it is important to seek legal advice through an experienced and qualified attorney before making any decisions or actions.

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Divorce Law Basics From an Expert Divorce Attorney

Getting a divorce isn't always as simple as many people imagine. For some, a divorce is their first exposure with the court system. For others, negotiating the division of assets, child custody, spousal support and other factors can be handled outside the court system. That said, it's important to note that divorce laws can vary by state.

For example, if you live in Illinois, legal representation by an experienced Chicago divorce attorney can prove invaluable for navigating the choppy waters of divorce law. Below, we'll provide an overview regarding the grounds for divorce, the division of shared assets as well as child custody and spousal support.

Understanding Grounds For Divorce

When filing a petition for the Dissolution Of Marriage, a divorce may be deemed a "fault" or "no fault" divorce. Each state has slightly different laws regarding the classification. If a husband and wife have lived apart for 2 years or longer and irreconcilable differences have destroyed the matrimony, the divorce can be classified as "no fault." On the other hand, a marriage that has broken down due to impotence, adultery, 2 years of alcohol or drug abuse and other reasons may be deemed grounds for a fault divorce.

Division Of Property

During a divorce, the property that is jointly owned by the husband and wife is divided. However, there are many circumstances that dictate whether an asset that is acquired post-marriage is eligible for division. For example, Illinois divorce law makes a distinction between "marital" and "non-marital" assets based upon a number of conditions. These can include inheritances, exclusions based upon agreement and income generated by assets judged as "non-marital." A divorce lawyer in Chicago can provide guidance in complying with these property division rules.

Factors Considered In Child Custody

Negotiating child custody is often difficult in divorce cases. Typically, both spouses want a higher level of custody than the other spouse is willing to allow. When child custody cases are presented in court, the judge considers a number of factors before making a decision. While the child's wishes are often taken into account, the physical, mental and emotional development of the child can supercede them. This development can involve the willingness and ability of each spouse to maintain a continuing healthy relationship with the child if custody is awarded.

Factors Considered For Spousal Support

Many states view spousal support differently for divorce cases. In Illinois, alimony is determined by a number of factors including the monetary needs and earning ability of each spouse. The court will consider whether a spouse's devotion to domestic activities has had a damaging effect on that spouse's ability to earn money in the future. Having the help of an experienced Chicago divorce attorney can be valuable in presenting an argument in spousal support cases.

Hiring A Chicago Divorce Attorney

Getting a divorce can be a complicated process. While many divorces start amiably and objectively, they can quickly become emotionally exhausting. This is especially true when custody rights for children are being determined. Depending upon the state in which you reside, you should contact a qualified lawyer for representation. If you live in Illinois, hiring a Chicago divorce attorney can be instrumental in preserving your custodial rights, share of jointly-held assets and your interests regarding payment of spousal support.

Many people who seek a divorce are lulled into a false sense of comfort, confident that their soon-to-be ex-spouse will remain objective and open to an equitable distribution of assets and custodial rights. Unfortunately, emotions can often taint the process. The job of a divorce lawyer in Chicago is to negotiate on behalf of the client on the road to reaching a fair divorce settlement.

About the Author: Christine O'Kelly is an author for VojtaLaw.com, a divorce lawyer in Chicago who specializes in family law. Areas of expertise include divorces, separations, adoptions, paternity, child custody and spousal support.

Divorce Law 101 - Learning The Basics

Most state courts acknowledge divorce petitions filed only by persons who are under the jurisdiction of the District Court. To find out whether a person is eligible to file a divorce, he should meet the minimum residency requirement, which is 90 days prior to the date of filing. Below is a overview of some divorce law basics.

Acceptable Grounds for Dissolution of Marriage

Divorce is a fixed dissolution of marriage. Therefore, it is only right for the District Court to require a strong foundation for a married couple's desire to be divorced. For one thing, there are several legal and emotional repercussions that affect not only the couple but also their children. For example according to Colorado statutes, the only grounds for dissolving a marriage is when the marriage is irrevocably broken, and if this is verified by substantial evidence or testimony by both partners. A marriage that is irrevocably broken is seen as one that will most likely not be able to continue because of serious marital conflict.

Division of Property

The main stance of in many state divorce laws when it comes to the distribution of marital property is "equitable distribution." To be clear, equitable does not mean having both partners acquire an equal share of the assets and properties of the couple. Equitable is defined more by what is fair, not what is uniform. The court encourages every couple to settle their property and debt issues by themselves and signing a Marital Settlement Agreement, but if both parties cannot meet halfway, the Court steps in and distributes the properties in a fair manner. Factors that affect the Court's decision are: the contribution of each spouse in acquiring property, the value of the property, the economic circumstances of each spouse, and changes in value of the property.

Spouse Support

Again, a couple is expected to settle spousal support matters by themselves, but the Court gets into the picture of the couple fails to reach an agreement. Before the Court lays down an order for spousal support, some factors are first considered. These are: the financial status of both parties, the time needed to look for employment, the standard of living during marriage, the duration of the marriage, the age and health of the spouse seeking support, and the ability of the other spouse to provide for him/herself and the one seeking support.

Parental Responsibilities Allocation

Previously referred to as child custody, the allocation of parental responsibilities gets rid of the tendency for both partners to treat children like property that they have to be fought over. This gives children, especially the older ones, a lot of involvement in the Court's coming to a decision on where they should live.

Vernon Ready is a Denver family law lawyer and deals with cases that have to do with child custody, child support, marital agreements, restraining orders, adoption etc. As Denver divorce lawyer Vernon also handles divorce, separation and mediation cases. So if you live in the Denver Metro area and are in need of a good family law attorney then visit Vernon's website at: Ready-Law.com

Note: This article is for information only and cannot be considered legal advice. The information contained in this article is generalized for a wide audience, and cannot replace the advice of an attorney based on the specific facts of your case.

Getting Divorced - A Guide to Divorce Law

If you are considering getting a divorce it's imperative to consult a legal professional early on to help you navigate the choppy waters of divorce law. While divorce is normally only considered as a last resort, you should be sure that there is no way to reconcile your relationship peacefully and find yourself a solicitor before you head for the courts.

The first step for you to take is to contact a solicitor and ask about your legal rights and obligations. Contacting a solicitor does not necessarily lead to divorce and you should not feel that a decision has to be made right now. However, if you are going through an emotional time, knowing your rights could keep you protected.

Taking a step back may be quite difficult, but declaring war through your solicitors is never going to be the most productive course of action. You planned ahead for your wedding, financially and in other ways and sadly, you must do the same when the marriage is ending. If you are sure that divorce is your only option, then hire your solicitor and prepare for the marriage termination.

If there is any possibility of amicable split between you and your spouse, then consider Collaborative Law as an alternative to a messy divorce. This process allows specially trained lawyers to help you to agree your case without visiting court. This approach allows you to divorce with dignity, and to work with your spouse to resolve your disputes civilly. If you cannot reach an agreement with your solicitor team, then you should hire a new solicitor to take you through the court process.

The actual process of obtaining a divorce is not a difficult one in the UK, but it can be made to feel quite difficult by battling spouses, disagreements over custody or assets, and emotional upheavals. Seeking and following professional advice is the best way to navigate a messy divorce. There is no such thing as an "easy" divorce, as many of us know, but there are ways to make it as painless as possible if you are only willing to have an open mind & not be adverse to cooperation.

Chris Norton writes for Armchair Advice. Armchair Advice is a UK website providing specialist job loss and relationship advice. Whether you require emotional support, financial advice, employment law or divorce law solicitors, you can find them all at Armchair Advice.

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