Divorce Law in the United States
By: amnorge | Posted: 28th September 2009
The United States have among the highest divorce rates in the world. Much of this has been blamed on the fact that it is relatively simple to acquire a divorce and that it is too much of an easy option once a relationship runs into problems.
There are many different types of divorce in America, with different laws for each of them. Family Law varies from state to state, so not all sections of divorce law apply to the whole of the country.
The type of divorce that has been blamed most for the high divorce statistics are No Fault Divorces. This means that neither partner is to blame for the breakup of the relationship and that there is no specific given reason for the divorce. If the couple have simply drifted apart or fallen out of love then this is the part of divorce law they will proceed with. Critics have said that a No Fault Divorce is too easy and means that couples do not attempt to work through their problem, therefore contributing to the high divorce rates. The advantage of this type of divorce as far as the couple is concerned is that it is less expensive and speeds up the process, thus making it less stressful and meaning they can get on with the rest of their lives more easily. In some states they only have to fill out some simple forms for a divorce to be granted.
Before No Fault Divorce's were brought in one member of a couple had to be at fault for the marriage breakdown and there had to be a specific reason given for the divorce. These could be, amongst others, adultery, physical or mental cruelty, desertion, confinement in prison, or insanity.
In areas of divorce other than No Fault Divorce, a court must find that one of the following is true: -
• The relationship is no longer viable
• There are irreconcilable differences between the couple
• There is a conflict of personality that has destroyed the relationship
• The marriage have irretrievable broken down
Litigated Divorce is the type of divorce that comes to mind when most people think of divorce. Here a Family Solicitor on behalf of each person will try to work out an agreement, which will include settlements of finances, property and children amongst other things. These situations are the most complex and often end up in court, meaning that a good Divorce Lawyer will be an advantage. This is the most common type of divorce used in the United States where the couple have children together.
Mediated Divorce is where each member of the couple will try to work together to come up with an agreement. Neutral professionals (not working for either of the couple) may be involved to help come to an arrangement that is good for all concerned. If the situation cannot be resolved in this way it can turn into a Litigated Divorce.
Another type of divorce in the United States is an annulment. This dissolves a marriage and ends up being like there was no marriage in the first place. The vast majority of annulments will take place after a marriage is in its very early stages. An annulment will have to be granted by a judge. The most common reasons for an annulment are fraud (emotional fraud, having lied to the other person), concealment or a misunderstanding over a serious issue.
Andrew Marshall ©
Family Solicitor London
Divorce Lawyer London
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Printed From: http://www.goinglegal.com/divorce-law-in-the-united-states-1124621.html
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Tags: many different types, personality, relationship, love, couples, insanity, united states, conflict, marriage, adultery, divorce rates, irreconcilable differences, confinement, divorce law, desertion, fault divorce