An Overview of Divorce Law

The number of American married couples dissolving their marriage through divorceis consistently numerous. In fact, the Center for Disease Control reports that 3.6 people out of 1000 people per capita divorced in the year 2005, which was significantly lower than the highest American national per capita average of 5.3 per 1000 in 1981. Nevertheless, 2.23 million marriages occurred in 2005 according to the United States Census Bureau. Of these 2.23 million marriages, the National Center for Health Statistics conservatively estimates 43% will end in divorce, and according to the United States Census Bureau, over 50% of these marriages dissolve in divorce.

Finding the proper answers on divorce and divorce related issues is all part of the healing process following the end of a marriage. Having a knowledgeable legal professional at your side during such an emotionally challenging time not only increases your chances at acquiring ideal divorce terms, but also, relieves a divorcing party of the immense burden of tackling such a legitimately confusing task alone.

The Beginning of a Divorce Case

In keeping with the "50/50" trend of marriages and divorce, the beginning of a divorce case starts fifty percent of the time that individuals sign marriage licenses. Prior to signing the marriage license, the first, or what should be the first, legal document involved in a divorce proceeding is the prenuptial agreement. The first mistake some couples make in regards to this issue is feeling that a prenuptial agreement is not necessary. Nothing could prove further from the truth. Contrary to media portrayals of celebrity divorces, the prenuptial agreement covers much more than just asset division during a divorce.

Actually, prenuptial agreements should cover issues such as:

*Note validity of the marriage itself as well as the prenuptial agreement terms

*Division of assets

*Distribution of alimony or spousal support money

*Division of debts incurred during marriage

*Protection of assets garnered prior to marriage

*Sanctions for infidelity, criminal behavior, or substance abuse

*Sanctions for documented spousal abuse, whether physical or otherwise

Typically, courts will uphold the validity of any prenuptial agreements when written properly through the assistance of lawyers. Frivolous demands or agreements, such as those not documentable or verifiable in statistical numbers, will not be upheld and could potentially invalidate a prenuptial agreement. Lawyers can assist clients in ensuring this will not occur.

Once the Decision to Divorce Is Made

After assessing their relationship to whatever extent necessary, couples will acknowledge their intentions to end the marriage. For some, one party will not wish to end the marriage, while the other does. Interestingly, the National Center for Health Statistics notes that women initiated an average of 66% of all divorces throughout the past ten years. Once a spouse files for divorce, the other individual automatically becomes party to the divorce proceedings regardless of their personal intentions to save the marriage. At this point, seeking separate legal counsel is of the utmost importance for each party.

Page 1 of 3 :: First | Last :: Prev | 1 2 3 | Next