Divorce Law in the US

Marikina, Philippines (PressExposure) April 26, 2008 -- Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state.

All states impose a minimum time of residence. Typically, a county court’s family division judges petitions for dissolution of marriages. Prior to the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985 (New York is the last holdout).

However, most states require some waiting period, typically a 1 to 2 year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, or alimony. Visit the st. louis divorce attorney for more details about this.

Mediation is a growing way of resolving divorce issues. It tends to be less adversarial (particularly important for any children), more private, less expensive, and faster than traditional litigation. Similar in concept, but with more support than mediation, is collaborative divorce, where both sides are represented by attorneys but commit to negotiating a settlement without engaging in litigation.

Some believe that mediation may not be appropriate for all relationships, especially those that included physical or emotional abuse, or an imbalance of power and knowledge about the parties' finances. This makes collaborative divorce to be the most popular approach to having a divorce. Check out what the st. louis divorce attorney can provide about collaborative divorces.

States vary in their rules for division of assets. Some states are "community property" states, others are "equitable distribution" states, and others have elements of both. But either way, divorce is still the predominating law of legal separation in the world. For more information about divorces, legal separations, and divorce jurisdictions, then visit the st. louis divorce attorney for more details.

Press Release Submitted On: April 25, 2008 at 2:02 am
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