Divorce Laws Info

When you decide to file for divorce it is necessary to state the grounds on which you base your application. A no fault divorce is one of the common grounds for failure of the marital relationship that is cited in the petition.

In reality, a no fault divorce is probably a more humane ground to cite since it implies that neither party is to blame for the failure of the marriage. The two parties have just grown apart. In other words there are irreconcilable differences. There has been no adultery, abuse, mental illness or other such item that has caused the breakdown of the marriage.

However, not so long ago there was no such thing as a no fault divorce. Indeed, even today not all states permit this type of divorce easily.

Around 1960 it was recognized that in marriage relationships where both spouses wanted to end the relationship, they would find a means somehow to end their marriage. Around this time as well there was seen to be an increase in the number of divorce petitions being filed and subsequently thrown out of court when it was found that the fault grounds for filing the divorce petition were established to be untrue.

Therefore in order to prevent people having to lie under oath in court to end their marriage and to prevent others from living in a relationship they didn't want, numerous people argued that it would be better to change the law and introduce the no-fault divorce.

The state of California became the first U.S. state to introduce this type of divorce back in 1969. It was subsequently followed by other states over the years who also changed their divorce laws so that the no fault divorce was recognized.

But filing for a no fault divorce doesn't make the divorce process any easier for the parties involved. In fact, as it is just a case that the two parties have grown apart and there is no actual proof of something more visible, if the two parties don't feel the same way this type of divorce can be messier than one based on fault grounds.

In addition, unlike filing for a divorce based on fault grounds, depending on which state you are in you may not be able to file for a no fault divorce immediately. Some states require that you and your spouse live apart for a number of months if not years, before you are entitled to file for a no fault divorce.

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Under Illinois Divorce laws, if you are considering to apply for divorce then you must first meet the residency laws of the state. If not, then you should not consider applying. If you do meet the residency laws and decide to file for divorce, then you have to state the grounds for your divorce in the divorce petition.

Illinois Divorce laws recognize two main grounds for divorce - no-fault and fault related. Within these main grounds for divorce there are various reasons listed which help you to select the appropriate grounds relevant for your divorce.

In order to try and simplify the divorce proceedings, the state of Illinois, like some other states, recognizes what is known as Simplified Divorce Procedures. There are various criteria which need to be met in order to be eligible for this procedure, such as the marriage must not be older than five years, and there cannot be any children. However, if both you and your spouse meet all the criteria, taking advantage of the Simplified Divorce Procedures can speed up the process.

For more details about the Simplified Divorce Procedures, forms can be picked up at any Office of the Clerk of a Circuit Court.

In the matter of children, according to Illinois Divorce Laws, when considering to which parent custody of the child or children will be granted, a number of items will be taken into consideration. Irrespective of the age of the child, the wishes as to whom which parent the child would prefer to reside with are also taken into consideration along with the wishes of the parents.

For members of the military who are involved in divorce proceedings under Illinois divorce laws, special rules can be applicable. These rules are generally set up in order to prevent active military personnel from being divorced without actually knowing it. For more information about this type of divorce the appropriate sections of both the federal and specific state laws should be consulted.

If you are wondering how long a divorce case normally takes to complete under the Illinois divorce laws, the answer would depend upon whether the case is settled or tried. In the case that the divorce has to be tried, this can take up to several years to complete. On the other hand, if both parties are able to reach a settlement then the period is more in the range of nine months.

For more detail about Illinois Divorce laws, check out the Illinois statutes for the latest, detailed information.

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Georgia divorce laws support two grounds for filing for divorce - no-fault based grounds and fault based grounds. However regardless of the grounds for filing the divorce, testimonies or proof must be provided to the court to substantiate the reason, otherwise the court may throw the divorce petition out.

If children are involved in the divorce proceedings, the Georgia divorce laws take a somewhat different view when compared to laws of other states. For example, if the child is still a minor and yet aged 14 or above, the child has the right to choose with which parent s/he wants to live. The only reason why a court would overturn the child's decision is if the parent is deemed unfit to take custody.

If the child is under the age of 14 but aged 11 or above, and expresses a strong desire for one parent or the other, then the court will take this into consideration when making it's decision to grant custody to one of the parents. For children under the age of 11, the court will decide custody, based on a number of factors.

Somewhat different from other states, the Georgia divorce laws also recognize the rights of grandparents with regard to visitations. In other words, when the case is before the courts, grandparents are allowed to give their input into questions regarding the custody of the children and visitation rights of the parent.

In the area of financial settlement, Georgia, like many other states, is regarded as an

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If you have decided to apply for divorce and have been carrying out some research over the internet, you have probably seen all the sites offering free divorce forms. When it comes down to it though, divorce forms are rarely free.

What the sites offer you is the ability to be able to complete your divorce using their forms that you can buy at a low cost, so saving you in the process the cost of the expensive fees that a trained professional would charge.

If you have decided for a DIY divorce - in other words you are going to handle your divorce yourself - then you will need to begin by finding the correct divorce forms for your state in which you intend to file for divorce. This may be the state in which you reside, or the state in which your spouse currently resides. Be aware that divorce forms can vary in both layout and content from state to state and if you use the incorrect forms, your divorce process is going to be rejected at the very first step.

Opting for a DIY divorce can be a very tricky decision, as well as it being potentially more painful for one or both parties involved. In particular if there is a lot to consider such as children, or if one party doesn't want the divorce, it may be better to seek advice from a trained professional.

On the other hand if you and your soon to be ex-spouse have a very good relationship and the decision for the divorce is a mutual one, it may be the better option for both of you. Resolving divorce issues amicably without intervention of a third party usually results in a speedier, less messy process with both sides co-operating to help the process along.

The

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Before filing for a divorce in the state of Florida, it is useful for you to be aware of at least the basics of the Florida divorce laws. For example, if either you or your spouse have not been resident in the state for at least six months, your petition for divorce will fall at the first hurdle.

According to Florida divorce laws there are two main grounds for filing for divorce. Either the marriage is irretrievably broken, or there is proof of mental incapacity for one of the parties. However, like with other states, divorce laws in Florida are subject to change so if you are thinking about filing for divorce you should ascertain that you first have accurate, up to date information before embarking on the process.

Once you have filed for divorce there are strict timelines and filing procedures that have to be met in order for the divorce process to continue. If you do not provide the necessary documentation, legal or otherwise, on time and in the correct manner you may find your divorce either delayed or your application nullified. As this is something that is not beneficial to all parties concerned, it is naturally something that you will want to avoid.

Regarding the financial split of property and other items between the two parties, if an agreement can be reached outside of court this is more beneficial. These agreements should be written documents, taking the form of a Marital Separation Agreement. However, if it is not possible to agree something out of court with your spouse then the court will decide on a split of both assets and debts according to the laws of the state.

If children are involved in the divorce, according to Florida divorce laws it is the court who decides which parent is granted custody. Equal and fair consideration is given to both the mother and the father during the process. In addition, the state law ensures that each parent will continue to have frequent access to all minors after the marriage has been dissolved. Depending on the nature of the divorce case, child support amounts will be calculated in an appropriate manner, taking into account the financial situation of both parties.

This is at a high level the basics of the divorce laws in Florida. If you are interested in finding out more information about the Florida divorce laws, I would recommend either consulting a trained professional, or reading the local statues which explain the process.

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If you search for the term

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The divorce rights of each main party involved in a divorce have always fluctuated throughout history, and still continue to do so today. Initially divorce rights were based on common law with one party having to be at fault in order for the divorce to be legalized. The party at fault was subsequently punished heavily as divorce was usually filed under a cause such as abuse or adultery.

With the changes in divorce rights over the years, it is now possible to file for a

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If you are interested in tracing your family tree, you've probably looked into the marriage, birth and death certificate archives already. But have you also considered looking at the divorce record archives?

A divorce record is really just a copy of the divorce papers that need to be filed when you apply for divorce. All the papers are filed according to state law and can be accessed at a later date if you so wish, the same as for marriage certificates. Similar to marriage certificates a divorce record can provide you with a greater insight into your family tree.

Naturally there is a charge to access a divorce record. Some states charge per record, whilst others charge a fixed fee and within the fee will supply all divorce papers that match the names supplied. The fee varies from state to state so you will need to ask your local records office for more details if you are interested. It's also worth checking if the fee varies depending on how you order the divorce record, as ordering a record over the internet or phone can cost you more than ordering by mail.

Generally if you're looking for a divorce record dated before 1900 you won't have much luck as most states in the U.S. generally only have information from around 1925 onwards. But it is worth checking with your local Public Records branch just in case they may have some details.

To locate a divorce record, the more information you can supply then the easier it will be. First name, last name, date of birth and last known address are usually the minimum details that are required to search for a divorce record. If you also are aware of details such as date or place of divorce then these will help speed up your enquiry, and locate any documents.

If you are able to locate the divorce record you are looking for, you may want to consider searching for other related information, especially if you are interested in knowing more about your family tree. For example child custody and other settlement issues that form part of the divorce settlement.

Obviously if you include divorce record information whilst mapping out your family tree, you do get a much bigger, clearer picture of your family and who your distant relations are. Who knows, you may find you have a connection to someone famous when you start looking through the divorce record details of your family.

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Regularly in the media you hear news about divorce rates, along with the most common items that contribute to divorce. But what is the actual truth. Are the divorce rates increasing or decreasing, and what are the most common factors contributing to divorce?

Many people believe that divorce rates are not as high as that communicated by the media. In fact, some professors believe that since around 1980, the divorce rate has in fact stabilized. However this is difficult to prove as since 1996, accurate statistical data stopped being collected. In fact most of the information and statistics about divorce rates now comes from polls rather than accurate data.

As the information comes from polls rather than accurate statistical data, it is somewhat hard to say for sure whether divorce rates are rising or declining. But it is believed that the rates are now declining. Which has to be good news for U.S. citizens since we regularly feature in the top 10 worldwide countries listing of high divorce rates.

So I guess the next question has to be why the U.S. has continually such high divorce rates. Well, nothing is sure. But there are some main contributory factors that have been identified.

When women's wages began to increase some years ago and more women started going out to work rather than staying at home looking after the children, their spouse began to feel threatened. For those who couldn't cope with this new situation, their marriages resulted in divorce, and this continues to be a key factor today.

Religion also plays a strong role in divorce. When one party in the marriage develops strong religious beliefs that either contradict with the other party or become too overbearing to cope with, divorce results.

Changes in the divorce laws have also helped to increase the divorce rates. It used to be that getting divorced had a stigma attached and most people would prefer either to separate without going through divorce proceedings, or try and remain together to avoid loss of face. However with the introduction of no-fault divorces combined with a drop in the stigma attached with getting a divorce, the divorce rates began rising.

Another key contributory factor to the high divorce rates in the U.S and other Western countries is longevity. Due to the advances of medicine and science we are all living longer, which results in a longer marriage relationship, thereby increasing the chance of divorce.

As a whole, there are many contributory factors to the high divorce rates. Having said that, if it now appears that divorce rates are decreasing, that has to be good news and means that we are doing something better in our society today than previously.

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Divorce papers form a very important part of your divorce. After all, they should at least contain information about the full financial as well as non-financial settlements of your divorce. As such, on receipt of your divorce papers, you should read them through very carefully and if you are in any doubt about their content or do not understand completely what has been included, I would recommend to consult a legal expert to be sure.

Okay. I know what you're thinking. To consult a legal expert may be an initial expense that seems not worth it. But in the long run, the expense now can save you a lot of money, as well as guarantee your future.

So why are divorce papers so important? Well, to put in bluntly, divorce papers protect your financial future. And in case you have children, they can be used to apply for child custody as well as interim relief until the divorce process is complete.

In order to prepare divorce papers, a number of official documents will be required. I'm talking about birth certificates, marriage licenses, financial and tax details as well as property and vehicle title deeds. Your lawyer will have a list of all the documents that you and the other party will need to provide in order to produce accurate and complete divorce papers. All the information provided will be put within the divorce papers to ensure a fair settlement to both parties involved.

Of course if you and your spouse are splitting amicably and trust each other, you could avoid the expense of a lawyer and complete your own divorce papers. Depending where you live, it may also be possible to complete your papers on line. Many people are finding this a good alternative, but it can also have it's drawbacks, as I'm sure you're aware from what I've just mentioned.

Also, you should be aware that divorce papers, like divorce laws, can vary in content from state to state. So if you are planning to draw up and file your own divorce papers without legal help you should be sure to use the correct forms for your state. Sometimes there is only a slight difference whilst on other occasions the difference in the papers and content is somewhat larger.

But however large or small the difference, using the incorrect divorce papers according to the state where you are filing for divorce could result in your divorce petition being thrown out of court.

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