11 months ago

Understanding the Basics of Divorce Law: What You Need to Know

Divorce is a process that is both stressful and Legal, and it is one of the most major life experiences that a person can go through.
It is essential for anyone who is facing divorce or planning to get a divorce to know the basic of divorce law.
This article will give you a brief idea of some of the important aspects of divorce laws to enable you to understand the system better.

1. What Is Divorce Law?

Pertaining to divorce law is the body of law that deals with the legal annulment of marriage.
It encompasses several legal concerns for example property, children, maintenance and support, and property settlement.
The rules and procedures for divorce differ with the area and therefore, it is advisable to know the laws that govern divorce in your region.
Divorce law can be broadly categorized into two types: We deal in both the contested and uncontested divorce cases.
A uncontested divorce is when both parties agree on all the major issues of the divorce and therefore it is not complicated.
On the other hand, a contested divorce is one in which the two parties do not come to an agreement on some or all of these issues and hence result in a legal fight.

2. Grounds for Divorce

This is the legal basis on which a divorce can be granted and they include; Such grounds can be either based on a claim of fault on the part of the other spouse or based on a claim of irretrievable breakdown of marriage.
· No-Fault Divorce: Many of the present day countries provide for what is referred to as ‘no fault’ divorce where none of the parties is held to be at fault for the dissolution of marriage. Some of the general reasons are known as ‘irreconcilable differences’ or ‘irretrievable breakdown’.
· Fault-Based Divorce: In some instances, one party may obtain a so called ‘fault based’ divorce on the grounds of adultery, desertion, cruelty or drug or alcohol addiction. Determining who was at fault is not always easy and results in a tougher divorce proceedings.

3. Division of Assets

Another important area of divorce law is the property or assets’ distribution.
This process is to ascertain what is marital property and what is separate property and then split them up in a fair manner.
· Community Property vs. Equitable Distribution: Assets are generally split under two systems namely the community property system where the assets are divided equally between the two parties and the equitable distribution where the assets are divided in what the court considers as fair.
· Factors Influencing Division: There are several factors that courts take into consideration when dividing the property and these include; the duration of the marriage, the contributions made by each of the parties to the marriage, and the needs of both parties.

4. Child Custody and Support

Child custody and support are among the most disputative questions of divorce.
The courts always aim at the welfare of the child when determining the custody of the child.
There are two main types of custody: These include the physical custody where the child lives and the legal custody where the decision making of the child falls.
· Joint vs. Sole Custody: Joint custody entails sharing of the rights while sole custody gives one parent the right to have the child most of the time.
Child support is the amount of money that a parent who does not have the custody of a child has to pay for the needs of that child.
· Factors Considered: Some of the factors include the age of the child, the health of the child, the emotional bond that the child has with each of the parents and the ability of each parent to meet the needs of the child.

5. Alimony (Spousal Support)

A third essential aspect of divorce law is alimony or the payment of support from one spouse to the other.
This is a form of money which one of the parties may be ordered to pay the other following a divorce.
The rationale of alimony is to reduce the effect of the divorce on the economically weak partner.
· Types of Alimony: Alimony can be of various forms, these are the temporary, rehabilitative, and permanent. The duration and the amount of alimony that is paid depend on factors like duration of marriage, the kind of lifestyle that was being enjoyed during the marriage, and the income generating capacity of the two spouses.
· Modifications: Alimony can be changed or stopped in case of a substantial change of circumstances, for example, when one of the spouses earns more or less money, or when one of the spouses gets married again.

6. Legal Representation and Mediation

It is very difficult to find your way through divorce law on your own and that is why one needs the services of a lawyer.
It is therefore important to seek services of a qualified divorce attorney especially in cases where the divorce is quite ugly.
An attorney can assist you in making sure that your rights are not violated, can assist in coming up with a settlement and can also stand in for you in court.
· Mediation: The mediation is a form of ADR in which a third person assists the couple in coming to a consensus. It can be a rather less confrontational process than going to court and can also be cheaper.

7. Final Thoughts

It is important to have at least an elementary understanding of divorce law whether one is going through a divorce or contemplating it.
Understanding these aspects, therefore, will help you to understand the legal procedure and take right steps that will best suit your needs and rights.
Please do not forget that, although legal considerations are significant, it is equally vital to look after one’s psychological state at this time.
The information contained here gives an introduction to divorce law to enable the audience have a clue on what is involved in the divorce process.