Divorce Laws

Are you and your spouse considering a divorce? It is important to be informed of the divorce laws in your state. By hiring an experienced, qualified divorce lawyer in your area, you can ensure all paperwork is filed correctly and you are treated fairly during the divorce process.

Divorce laws primarily deal with issues such as child custody, child support, spousal support (“alimony”), and division of property, assets, and debt. In order for a divorce to become finalized, it must be certified by a court.  The court can determine the divorce agreement, though mediation, prenuptial, and postnuptial agreements may be taken into account.

If the couple has children, the state’s divorce law will require them to come up with a “parenting plan” or custody agreement. This plan is designed to help both parties avoid future conflicts due to a lack of guidelines regarding the children. If no parenting plan is developed, issues may be disputed and litigation may be needed to clear them up. A Parenting Plan covers topics such child custody, child support, visitation, medical insurance, and taxes.

Divorce laws also regulate the amount of child support that must be paid. Each state has calculation guidelines that must be verified. A computer program that takes into account earnings, taxes, insurance costs, and visitation typically makes this calculation. The noncustodial parent pays child support to the custodial parent.

Each state has different divorce laws regarding the division of property. Some states, such as California, have community property laws. This means that the property is divided 50/50 between both parties. Other states have equitable distribution laws. In these states, the couple or judge determines how the property and assets are divided. This can range from zero to 100 percent, but is typically 40 to 60 percent.

While child support is ordered in every state, spousal support is not always ordered. Spousal support is paid by the spouse who earns more money to a spouse who has little to no income. If both parties have jobs and can support themselves, support will not be ordered.

To learn more about your state’s divorce laws, contact a divorce lawyer in your area today. Your attorney can work with you to ensure you obtain a divorce agreement that is favorable.