Divorce, in its most basic sense, is the legal process by which a married couple legally ends their marriage. As simple as it sounds, divorce can be a complicated subject area where seemingly unimportant details can have a significant impact on the people going through the divorce.
Divorce law is not federally decided, aside from certain Constitutional provisions. Therefore, each state is charged with creating and maintaining marriage and divorce laws. Because each state has discretion over legislation pertaining to marriage and divorce, we are left with very different laws in each state.
If you are in need of a divorce and unsure what to do, an attorney might be able to help you. A local attorney can be a great resource to learn what the laws are in your state and how best to handle your divorce. To contact a divorce attorney near you, just fill out the short form below.
Because each state has different divorce laws, the odds are pretty good that some states would have a more favorable outcome for you than others. So when a couple is married in one state, moves to another and has a child, then moves to a third and decides to seek a divorce, which state law applies?
As with most areas of the law, the answer is 'It depends.'
Depending on how long the couples has lived in each state, if they own property in any of them and which state the couple has residency in will matter greatly and there is often a minimum amount of time that the couple needs to have lived in that state in order to file for divorce.
The above example helps to show one of the main reasons why divorce will always be a complicated area of the law. Each case is going to be very fact intensive, and a careful understanding of the applicable law will help to determine the answers.
It can be difficult to spot which of the facts are important and which are not. For divorce, the more pieces of property that need to be allocated, the presence of minor children, and the length of the marriage all can increase the complexity of the divorce proceedings.
If you are facing a divorce, you don't have to go through the process alone. You can connect with a local lawyer to get more information on the laws and requirements where you live. Simply use the divorce case review form on this page to get started today.