Divorce, or the dissolution of marriage, is the termination of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state. If you need to get divorced in the near future, here are a few facts you need to know about how to find a divorce lawyer, child support attorney, or divorce lawyers for men who can help you best.
Though divorce laws vary between jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, shared care arrangements and support. In some states and regions one spouse may be forced to pay the fees for the divorce law firms of another spouse.
Laws vary as to the waiting period before a divorce is effective. Also, residency requirements vary. However, issues of division of property are typically determined by the law of the jurisdiction in which the property is located.
Despite this, in some countries the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no fault divorce; some states require a declaration of fault on the part of one partner or both; Some state allow either method.
In most jurisdictions, a divorce must be certified by a court of law to come into effect. This is one of the reasons that it is important to find out how to find a divorce lawyer. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements, post nuptial agreements, or simply ratify terms that the spouses may have agreed to privately. In absence of agreement, a contested divorce may be stressful to the spouses.
In some other countries, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again. Helpful sites.