Divorce is a very complex and emotionally tormenting process, it is never easy for anyone. However, if you have knowledge of all the related laws then it can make the divorce go a lot more smoothly. Divorce attorneys are expert in divorce Laws are made to decide on the different conflicts and resolve them appropriately. Different countries have different Divorce laws and are made specifically in accordance with the social boundaries and setup of the people that very country. If you are aware of these laws then you can cut out on many legal and financial hassles.
Divorce Laws in the U.S
In the U.S except from few jurisdictions where court may take in account the matter of dividing assets, custody, debt and property by only judging the behavior of the parties involved, the divorce can be categorized in two ways
- Fault Based: This kind of divorce leads to allegations and then conclusions to decide on the terms and condition while separation.
- No- Fault Based: If the divorce is happening through mutual decision of both the parties then it does not require any proof of one party’s fault and things generally gets over peacefully.
49 states have accepted no-Fault Divorce laws, with general grounds like non-compatibility, Conflicting attitudes and beyond repair breakdown of the marriage. But in New York, they still need a proof of fault.
Almost 95 % divorces go smoothly in the U.S as both the parties come up with an arrangement which is fair and acceptable by both, but in case they cannot resolve it on their own then the laws bring out fair solution of every minute matter linked to the divorce.
Property Settlement during a Divorce
According to Divorce Laws generally two types of property needs to get divided between both the parties:
- Marital Property: The property acquired by one member by his\her own earnings or jointly. According to the law this type of property gets divided between the two parties in a fair way.
- Separate Property: It is the property which was already purchased by the party before marriage and this type of the property goes to the party who has bought it or acquired it originally.