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.