Illinois Divorce Laws
Residency Requirements for Divorce in Illinois
The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].
Legal Grounds for Divorce in Illinois
1. No Fault Divorce: Irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or further attempts at reconciliation are impractical and the spouses have been living separate and apart without cohabitation for 2 years. (If both spouses consent, the time period becomes 6 months).
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
2. General Divorce:
1. Impotence
2. Adultery
3. Habitual drunkenness for 2 years and/or drug addiction
4. Conviction of a felony
5. Willful desertion for 1 year
6. Cruel and inhuman treatment
7. Attempted poisoning or otherwise endangering the life of the spouse
8. Infection of the other spouse with a communicable disease
9. Bigamy
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
Legal Separation in Illinois
The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides. Any person living separate and apart from his or her spouse, without fault, may obtain a legal separation with provisions for reasonable support and maintenance.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 402].
Simplified/Special Divorce Procedures in Illinois
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure:
1. The spouses must not have been married over 5 years
2. The spouses must neither have had nor adopted any children
3. The wife cannot now be pregnant by the husband
4. Neither spouse can own any real estate
5. Both spouses must certify that neither is dependent on the other for support (or must waive any type of alimony)
6. The market value of all marital property must be less than $5,000.00
7. The combined gross annual income of both spouses must be less than $25,000.00.
Forms are available at any Office of the Clerk of a Circuit Court.
Divorce Mediation or Counseling Requirements
At the request of either spouse, or on the court's own initiative, the court may order a conciliation conference if it is felt that there is a prospect of reconciliation.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404].
Divorce Property Distribution
Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors:
1. The contribution of each spouse to the acquisition or dissipation of the marital or non-marital property, including the contribution of each spouse as homemaker or to the family unit
2. The value of each spouse's non-marital property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. The federal income tax consequences of the court's division of the property
12. Any premarital agreement
13. Liabilities of the spouses (including obligations from a prior marriage)
14. Whether the property award is instead of or in addition to maintenance
15. Any custodial provisions for the children
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503].
Alimony and Spousal Support
The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age of the spouses
5. The physical and emotional conditions of the spouses
6. The income and property of each spouse
7. Whether the spouse seeking support is able to support himself or herself or is unable to seek employment because he or she is the custodian of a child
8. Any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse
9. Any marital settlement agreement
10. Any other just and equitable factor
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504].
Spouse's Name After Divorce
Upon the wife's request, her maiden or former name will be restored.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 413]
Child Custody After Divorce
Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any history of violence or threat of abuse by a parent, whether directed against the child or against another person
7. The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent
Marital misconduct that does not directly affect the parent's relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.
For an award of joint custody, the court will also consider the following factors:
1. The ability of the parents to cooperate effectively and consistently
2. The residential circumstances of each parent
3. Any other relevant factor
The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for:
1. Personal care of the child
2. Major educational, health care, and religious training decisions
The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time. The physical residence for the child is to be determined by either:
1. An agreement between the parents
2. A court order based on the factors listed above
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603.1, and 610].
Child Support After Divorce
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered:
1. The financial resources and needs of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional conditions and educational needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
The court may require support to include payment of a child's health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver's licenses may be revoked if child support obligations are not met.
[625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].
Friday, December 21, 2007
Wednesday, December 12, 2007
Idaho Divorce Laws
Idaho Divorce Laws
Residency Requirements for Divorce in Idaho
The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701].
Legal Grounds for Divorce in Idaho
1. No Fault Divorce:
1. Irreconcilable differences
2. Living separate and apart without cohabitation for a period of 5 years
[Idaho Code; Title 32, Chapters 603 and 610].
2. General Divorce:
1. Adultery
2. Permanent insanity
3. Conviction of a felony
4. Willful desertion
5. Extreme cruelty
6. Willful neglect
7. Habitual intemperance (drunkenness)
[Idaho Code; Title 32, Chapters 603 to 610].
Legal Separation in Idaho
There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart.
[Idaho Code; Title 32, Chapter 610].
Simplified/Special Divorce Procedures in Idaho
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.
[Idaho Code; Title 32, Chapters 917 and 918].
Divorce Mediation or Counseling Requirements
There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
[Idaho Code; Title 32, Chapter 716].
Divorce Property Distribution
Idaho is a "community property" state. Each spouse's separate property consists of:
1. all property acquired prior to the marriage
2. property acquired by gift either before or during the marriage
3. property acquired by individual gift before or during the marriage
The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:
1. Any marital misconduct
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. Any premarital agreement
9. The present and potential earning capability of each spouse
10. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
11. The liabilities of the spouses
12. The needs of the spouses
13. Whether the property award is instead of or in addition to maintenance
[Idaho Code; Title 32, Chapters 712 and 903 to 919].
Alimony and Spousal Support
The court may award maintenance to a spouse, if that spouse:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through employment
The award of maintenance is based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
5. The tax consequences to each spouse
6. The age of the spouses
7. the physical and emotional conditions of the spouses
8. The fault of either party
[Idaho Code; Title 32, Chapter 705].
Spouse's Name After Divorce
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court.
[Idaho Code; Title 7, Chapter 801-4].
Child Custody After Divorce
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:
1. The preference of the child
2. The wishes of the parents
3. The character and circumstances of all individuals involved
4. The relationship of the child with parents, siblings, and other significant family members
5. The child's adjustment to his or her home, school, and community
6. A need to promote continuity and stability in the life of the child
7. Domestic violence, whether or not in the presence of the child
Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.
[Idaho Code; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].
Child Support After Divorce
The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent's community property share of the financial resources or obligations with a new spouse)
5. The availability of reasonable medical insurance coverage for the child
6. The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes
There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.
[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].
Residency Requirements for Divorce in Idaho
The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701].
Legal Grounds for Divorce in Idaho
1. No Fault Divorce:
1. Irreconcilable differences
2. Living separate and apart without cohabitation for a period of 5 years
[Idaho Code; Title 32, Chapters 603 and 610].
2. General Divorce:
1. Adultery
2. Permanent insanity
3. Conviction of a felony
4. Willful desertion
5. Extreme cruelty
6. Willful neglect
7. Habitual intemperance (drunkenness)
[Idaho Code; Title 32, Chapters 603 to 610].
Legal Separation in Idaho
There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart.
[Idaho Code; Title 32, Chapter 610].
Simplified/Special Divorce Procedures in Idaho
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.
[Idaho Code; Title 32, Chapters 917 and 918].
Divorce Mediation or Counseling Requirements
There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
[Idaho Code; Title 32, Chapter 716].
Divorce Property Distribution
Idaho is a "community property" state. Each spouse's separate property consists of:
1. all property acquired prior to the marriage
2. property acquired by gift either before or during the marriage
3. property acquired by individual gift before or during the marriage
The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:
1. Any marital misconduct
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. Any premarital agreement
9. The present and potential earning capability of each spouse
10. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
11. The liabilities of the spouses
12. The needs of the spouses
13. Whether the property award is instead of or in addition to maintenance
[Idaho Code; Title 32, Chapters 712 and 903 to 919].
Alimony and Spousal Support
The court may award maintenance to a spouse, if that spouse:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through employment
The award of maintenance is based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
5. The tax consequences to each spouse
6. The age of the spouses
7. the physical and emotional conditions of the spouses
8. The fault of either party
[Idaho Code; Title 32, Chapter 705].
Spouse's Name After Divorce
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court.
[Idaho Code; Title 7, Chapter 801-4].
Child Custody After Divorce
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:
1. The preference of the child
2. The wishes of the parents
3. The character and circumstances of all individuals involved
4. The relationship of the child with parents, siblings, and other significant family members
5. The child's adjustment to his or her home, school, and community
6. A need to promote continuity and stability in the life of the child
7. Domestic violence, whether or not in the presence of the child
Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.
[Idaho Code; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].
Child Support After Divorce
The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent's community property share of the financial resources or obligations with a new spouse)
5. The availability of reasonable medical insurance coverage for the child
6. The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes
There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.
[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].
Tuesday, December 11, 2007
Hawaii Divorce Laws
Hawaii Divorce Laws
Residency Requirements for Divorce in Hawaii
The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].
Legal Grounds for Divorce in Hawaii
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
[Hawaii Revised Statutes; Title 580, Chapter 41].
2. General Divorce: Legal separation and there has been no reconciliation.
[Hawaii Revised Statutes; Title 580, Chapter 41].
Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].
Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].
Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].
Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:
1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances
[Hawaii Revised Statutes; Title 580, Chapter 47].
Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance
[Hawaii Revised Statutes; Title 580, Chapter 47].
Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].
Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].
Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:
1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income
There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].
Residency Requirements for Divorce in Hawaii
The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].
Legal Grounds for Divorce in Hawaii
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
[Hawaii Revised Statutes; Title 580, Chapter 41].
2. General Divorce: Legal separation and there has been no reconciliation.
[Hawaii Revised Statutes; Title 580, Chapter 41].
Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].
Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].
Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].
Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:
1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances
[Hawaii Revised Statutes; Title 580, Chapter 47].
Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance
[Hawaii Revised Statutes; Title 580, Chapter 47].
Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].
Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].
Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:
1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income
There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].
Monday, December 10, 2007
Georgia Divorce Laws
Georgia Divorce Laws
Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].
Legal Grounds for Divorce in Georgia
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].
Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].
Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.
Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.
Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].
Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.
[Code of Georgia Annotated; 19-5-5+].
Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].
Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:
1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse
There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].
Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:
1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses
[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]
Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].
Legal Grounds for Divorce in Georgia
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].
Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].
Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.
Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.
Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].
Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.
[Code of Georgia Annotated; 19-5-5+].
Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].
Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:
1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse
There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].
Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:
1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses
[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]
Sunday, December 9, 2007
Florida Divorce Laws
Florida Divorce Laws
Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Legal Grounds for Divorce in Florida
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].
Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].
Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].
Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses
Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:
1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors
[Florida Statutes Annotated: Chapters 61.075 and 61.077].
Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable
Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].
Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].
Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:
1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors
No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].
Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable
Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Legal Grounds for Divorce in Florida
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].
Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].
Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].
Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses
Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:
1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors
[Florida Statutes Annotated: Chapters 61.075 and 61.077].
Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable
Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].
Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].
Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:
1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors
No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].
Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable
Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
Thursday, December 6, 2007
Delaware Divorce Laws
Delaware Divorce Laws
Residency Requirements for Divorce in Delaware
One spouse musthave been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Delaware Code Annotated; Title 13, Chapters 1504 and 1507].
Legal Grounds for Divorce in Delaware
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
* voluntary separation
* separation caused by the other spouse's misconduct or mental illness
* separation caused by incompatibility
2. Living apart for 6 months because of incompatibility].
[Delaware Code Annotated; Title 13, Chapter 1505].
2. General Divorce: Separation caused by mental illness.
[Delaware Code Annotated; Title 13, Chapter 1505].
Legal Separation in Delaware
There is no legal provision in Delaware for legal separation.
Simplified/Special Divorce Procedures in Delaware
The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.
[Delaware Code Annotated; Title 13, Chapter 1508].
Divorce Mediation or Counseling Requirements
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified "parenting education course." If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.
[Delaware Code Annotated; Title 13, Chapters 1507 and 1517].
Divorce Property Distribution
Delaware is an "equitable distribution" state. A spouse's separate property is that which is:
1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property
All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court's division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children
[Delaware Code Annotated; Title 13, Chapter 1513].
Alimony and Spousal Support
Either spouse may be awarded alimony if he or she:
1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment
Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.
Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate
Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:
1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony
Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.
[Delaware Code Annotated; Title 13, Chapter 1512].
Spouse's Name After Divorce
Upon request, the wife may resume her former or maiden name.
[Delaware Code Annotated; Title 13, Chapter 1514].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child
The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are:
1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents' decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other
[Delaware Code Annotated; Title 13, Chapters 722 and 1507].
Child Support After Divorce
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents
[Delaware Code Annotated; Title 13, Chapters 501, 514, and 701].
Residency Requirements for Divorce in Delaware
One spouse musthave been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Delaware Code Annotated; Title 13, Chapters 1504 and 1507].
Legal Grounds for Divorce in Delaware
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
* voluntary separation
* separation caused by the other spouse's misconduct or mental illness
* separation caused by incompatibility
2. Living apart for 6 months because of incompatibility].
[Delaware Code Annotated; Title 13, Chapter 1505].
2. General Divorce: Separation caused by mental illness.
[Delaware Code Annotated; Title 13, Chapter 1505].
Legal Separation in Delaware
There is no legal provision in Delaware for legal separation.
Simplified/Special Divorce Procedures in Delaware
The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.
[Delaware Code Annotated; Title 13, Chapter 1508].
Divorce Mediation or Counseling Requirements
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified "parenting education course." If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.
[Delaware Code Annotated; Title 13, Chapters 1507 and 1517].
Divorce Property Distribution
Delaware is an "equitable distribution" state. A spouse's separate property is that which is:
1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property
All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court's division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children
[Delaware Code Annotated; Title 13, Chapter 1513].
Alimony and Spousal Support
Either spouse may be awarded alimony if he or she:
1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment
Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.
Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate
Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:
1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony
Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.
[Delaware Code Annotated; Title 13, Chapter 1512].
Spouse's Name After Divorce
Upon request, the wife may resume her former or maiden name.
[Delaware Code Annotated; Title 13, Chapter 1514].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child
The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are:
1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents' decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other
[Delaware Code Annotated; Title 13, Chapters 722 and 1507].
Child Support After Divorce
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents
[Delaware Code Annotated; Title 13, Chapters 501, 514, and 701].
Wednesday, December 5, 2007
Connecticut Divorce Laws
Connecticut Divorce Laws
Residency Requirements for Divorce in Connecticut
The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and Title 51, Chapter 349].
Legal Grounds for Divorce in Connecticut
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
2. General Divorce:
1. Adultery
2. Life imprisonment
3. Confinement for incurable insanity for a total of 5 years
4. Willful desertion and nonsupport for 1 year
5. 7 years absence
6. Cruel and inhuman treatment
7. Fraud
8. Habitual intemperance (drunkenness)
9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Legal Separation in Connecticut
A legal separation may be granted on the following grounds:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year
There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:
1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property
[Connecticut General Statutes Annotated; Title 46b, Chapter 51].
Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and 53(a)].
Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage
[Connecticut General Statutes Annotated; Title 46b, Chapter 81].
Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following factors:
1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony
[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and 86].
Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].
Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of the child and the following factors:
1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice
There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].
Child Support After Divorce
Either parent may be ordered to contribute child support, based on the following factors:
1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents
Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84].
Residency Requirements for Divorce in Connecticut
The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and Title 51, Chapter 349].
Legal Grounds for Divorce in Connecticut
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
2. General Divorce:
1. Adultery
2. Life imprisonment
3. Confinement for incurable insanity for a total of 5 years
4. Willful desertion and nonsupport for 1 year
5. 7 years absence
6. Cruel and inhuman treatment
7. Fraud
8. Habitual intemperance (drunkenness)
9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Legal Separation in Connecticut
A legal separation may be granted on the following grounds:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year
There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:
1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property
[Connecticut General Statutes Annotated; Title 46b, Chapter 51].
Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and 53(a)].
Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage
[Connecticut General Statutes Annotated; Title 46b, Chapter 81].
Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following factors:
1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony
[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and 86].
Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].
Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of the child and the following factors:
1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice
There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].
Child Support After Divorce
Either parent may be ordered to contribute child support, based on the following factors:
1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents
Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84].
Tuesday, December 4, 2007
Colorado Divorce Laws
Colorado Divorce Laws
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and 14-10-117].
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and 14-10-117].
Subscribe to:
Posts (Atom)