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
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.
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.
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.
Divorce laws can, and do, change from time to time. No matter which state or country you live in, no matter how well you know law, you should always check the latest divorce laws if you are planning to represent someone in a divorce.
Divorce laws also vary greatly, not only from state to state, but also from country to country. This includes not only the initial reasons for filing for divorce, but also things such as financial settlement rules, property rights, and child support. Just comparing the divorce laws of the state of Georgia compared to the state of Alabama indicates differences. For example, in Georgia, there is only one primary ground for filing divorce, while in Alabama there are three.
You may be considering handling your own divorce, thinking that you could avoid the expense of hiring a lawyer because divorce laws were simple. Hopefully, you're having second thoughts about that now. But, if your divorce has the could be straighton and as peaceful as possible because both parties want it that way, then handling your own case may still be an option.
There are plenty of kits and information available that define the divorce laws applicable in your area in a simple as possible way. As these kits are often a minimal financial expense compared to the cost of an attorney, it may be something to consider if you're reasonably intelligent and money is a concern.
Keep in mind what I said earlier, if you do go ahead with a divorce and serve as your own representation, you should make sure that your kit has the latest, accurate divorce law information for your state. Otherwise, it may just be a waste of time to buy.
So with all the differences in divorce laws, you can begin to see why it can be so expensive to hire a professional divorce lawyer. Especially given that they need to retrain if they move out of state or out of country. That's something to keep in mind if you are thinking about a career in the area of divorce law.
Unlike some other countries, if you are applying for a divorce in England, you must be able to prove that your marriage has broken down beyond irretrievability by meeting at least one of the following five criteria. Adultery, unreasonable behavior of the other party, living apart for two years or more and the other party consents to the divorce, living apart for five years or more without consent of the other party, or desertion by the other party for at least two years.
Divorce in England is also a two step process. The first step which is called the
If you or your spouse are considering filing for divorce, there are some divorce facts that you should be aware of. No, I'm not just talking about the statistics around divorces that are regularly quoted in the media. Divorce facts also encompass items such as tax implications, and custody laws.
Of course these laws will vary from state to state so I won't be going into too much detail here, but just giving a brief heads up about some of the main divorce facts that would be a good idea to keep in mind both during as well as before and after the process.
Let's begin with looking at the divorce facts surrounding your tax returns. You will need to keep a complete inventory of all fees paid and money received that is to do with your divorce. For example fees paid to lawyers, and money received or paid for support. Depending upon the law of the state in which you reside, you could need to account for such amounts as part of your annual tax return.
Another sad but unavoidable fact of divorce is the effect it will have on your children. I say
The pressure, pain and depression associated with a divorce can be made more bearable by talking to strangers about your situation. This though is not new as there have always been divorce help groups available to provide support. However, with the appearance of the internet, divorce chat rooms have also become popular.
Unlike a help group, divorce chat rooms have the added advantage that no-one knows what you look like. You can chat with someone about your divorce from the comfort of your own home, but still retain your anonymity.
Even if you are not going through a divorce but are considering applying for one, entering a divorce chat room may provide useful to you as you can share in the unique experiences of other people. It could give you that extra boost to give your marriage one last chance before taking that final, irreversible step of filing the divorce petition.
As well as having divorce chat rooms available to all people, there are some which cater only for women as well as those that cater only for men. Sometimes talking to a stranger of the same gender can help more as you may find it easier to relate to each other. On the other hand, talking with someone of the opposite gender can increase your understanding of what your soon to be ex-spouse is experiencing and perhaps make you view them in a different, more understanding light.
Divorce chat rooms, like divorce help groups don't only provide a shoulder to lean upon. By sharing experiences you can learn more about the legal processes involved as well as finding out what things you could do to help you cope with your situation. Silly as it may sound, even painting one of the walls in your house a bright, vibrant color could be enough just to keep your depression at bay.
Whether you decide to take advantage of a divorce chat room or not, there is one thing that is important to remember. You don't need to suffer through your divorce in silence as there are people out there just willing to listen and offer support to you in your time of need.
Finally, like with all chat rooms you need to remember that with a divorce chat room you don't know who you are talking with. Therefore it is better not to disclose too much information about yourself and where you live that would enable a complete stranger to find you.
Throughout each of the states in the US, child custody laws can vary. Most people think about child custody when filing for divorce, however the child custody laws applicable in the state you are resident can also affect children born out of wedlock.
When I say that the child custody laws differ from state to state I'm not only taking into consideration who gets custody of the child or children, but also the child support laws and other laws such as those relating to parental rights.
Most people know that divorce can be a messy and painful process and can hurt your children not only in the short term but also it can have detrimental long term effects. So it is usually better if you can sit down and sort something out with your soon to be ex-spouse in a way that doesn't affect your children too much. However, this isn't always possible.
Perhaps if you are considering divorce or are considering applying for custody of children born out of wedlock you should first do some research on the child custody laws in the state you are residing. If your spouse resides in a different state it may also be beneficial for you to research the child custody laws there as well. That way, if, after reading and understanding the law, you are not entitled to apply for custody of your children you save them a lot of unnecessary hurt and unpleasantness.
If you do decide you want to research the child custody laws in your state and perhaps later apply for custody, then you can either hire a lawyer who specializes in child custody cases, or you may want to consider doing a little research for yourself first. Information on child custody laws can be found from many sources such as over the internet as well as in various books that have been written on the subject.
There is also another side to child custody laws which I haven't mentioned and that is where rather than both parents wanting custody of the child or children, none of them do. Perhaps neither parent is in a suitable situation, financial or otherwise to care for the child.
But whatever the reason, most states also have child custody laws which enable both parents to give up their rights to the child and put the child up for adoption. These laws cover both involuntary as well as voluntary termination of parental rights, and as with applying for custody of your children, giving up your parental rights is something you need to think about carefully first before embarking on the process.
If you've just moved to California, getting a divorce might not be that easy. According to the California divorce law, you or your spouse must be a California resident for 6 months or more to apply for a divorce there.
However, you may be able to apply for a Marital Separation Agreement. If you haven't applied for a Marital Separation Agreement, you may want to think about it even if you're eligible to apply for a divorce, especially if you have property, joint debts, or children.
What is a Marital Separation Agreement? Basically it's a written agreement between the two parties that details the ending of your marriage relationship. It's important to get everything on paper so it is less likely for misunderstandings. In addition, according to California divorce law, it can be used as evidence that your relationship ended on a certain date.
When filing for divorce, under California divorce law, you need to document why you want to end your marriage. The California divorce law identified 2 primary reasons for this. The first reason for filing for divorce is incurable insanity and the second reason is irreconcilable differences.
In the event of incurable insanity you'll need medical evidence of this being true. You need to bear in mind, however, that the court may still order you to support your spouse. By law, you are obligated to do this even if your divorce is approved.
As for irreconcilable differences, under California divorce law if the court does not believe there to be reasonable grounds, then your request for divorce could be rejected.
Using a lawyer for the divorce documentation is, of course, a personal decision. But, even though hiring a lawyer can be expensive, it can have the benefit of a faster and less painful resolution.
On one last note, please bear in mind that California divorce law as with all other laws, does change. It is always best to verify the current legal issues if you are considering filing for divorce, to ensure you have the latest, most accurate information.
