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Divorce Law

Divorce is defined as the legal end of a marriage, with divorce law defined as the rules and rights involved in the process of this ending. Child custody, alimony, and separation of marital assets are often key elements of divorce law and major issues for you and your divorce attorney to focus on. Divorce law is different in each of the 50 states, so please keep in mind that there may be different results for seemingly identical situations from state to state.

SPOTLIGHT

The two main kinds of divorce that divorce law deals with are "fault" and "no-fault." In many states, just being unable to get along - the famous phrase "irreconcilable differences" - is considered grounds for divorce. These are the classic "no-fault" situations, drastically different than the traditional situation in divorce law where one spouse would have to claim a violation of the marriage such as abuse or infidelity in order to file for divorce. In the no-fault divorce, if one partner files for divorce, the other can not stop the filing.

The more traditional procedure is the fault divorce, which is still used in some states. In the world of divorce law, the fault divorce deals with the situation where one spouse must claim a violation of marriage in order to file. Abuse, adultery, failure to consummate the marriage or abandonment are all commonly used as the "faults" in a fault divorce. Even in a state that has no-fault divorce, some individuals will file for a fault divorce as a tactic to gain a larger share of the marital assets or a better chance of obtaining custody.

Especially as there are advantages and disadvantages under divorce law of both kinds of filing, consulting a good divorce attorney is good advice. Their assistance can make all the difference, as beyond simple financial matters, some things (like custody) transcend a dollar value.



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