Nevada Divorce Laws
Residency Requirements for Divorce in Nevada
The divorce may be filed in the county: (1) where either spouse resides; (2) where the spouses last lived together; (3) where the cause of the divorce took place; or (4) where the plaintiff resided for 6 weeks immediately prior to filing for divorce. One of the spouses must have been a resident of Nevada for at least 6 weeks prior to filing for divorce, unless the cause for the divorce took place in the county in Nevada where the spouses actually lived at the time of the happening of the cause.
[Nevada Revised Statutes; Chapter 125, Section 020].
Legal Grounds for Divorce in Nevada
1. No-Fault:
1. Incompatibility (or)
2. Living separate and apart without cohabitation for 1 year
[Nevada Revised Statutes; Chapter 125, Section 010].
2. General: Insanity which existed for at least 2 years before filing for the divorce.
[Nevada Revised Statutes; Chapter 125, Section 010].
Legal Separation in Nevada
If a spouse has any of the grounds for divorce or if he or she has been deserted for over 90 days, a suit for separate maintenance of himself or herself and any children may be filed. In addition, the spouses may agree to an immediate separation and make appropriate provisions for spousal and child support. There is no residency requirement specified in the statute.
[Nevada Revised Statutes; Chapter 125, Section 190].
Simplified/Special Divorce Procedures in Nevada
There are 2 provisions for summary divorce in Nevada. First, a summary divorce may be granted if the following conditions are met:
1. Either spouse has been a resident of the state for at least 6 weeks
2. The spouses are incompatible or have lived separate and apart without cohabitation for 1 year
3. There are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children
4. There is no community or joint property, or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities, and have signed any deeds, titles, or other evidences of transfer of property
5. Both spouses waive their rights to spousal support (maintenance) or the spouses have signed an agreement specifying the amount of spousal support
6. Both spouses waive:
1. Their rights to notice of entry of the final decree of divorce
2. Their rights to appeal the divorce
3. Their rights to request findings of fact and conclusions of law in the divorce proceeding
4. Their rights to a new trial
7. Both spouses want the court to enter the decree of divorce
A Summary Proceeding for Divorce is begun by filing a joint petition, signed under oath, together with an Affidavit of Corroboration of Residency by a witness.
In addition, a spouse may apply for a divorce by default by affidavit. In such situations, oral testimony will not normally be required. If there is a marital settlement agreement, it should be identified in the affidavit and attached to it when filed. The affidavit should:
1. State that the residency requirements have been met
2. State that all of the information in the petition is correct and true on the personal knowledge of the person signing the affidavit
3. State that the affidavit contains only facts that would be admissible into evidence
4. Give factual support for each allegation in the application
5. Establish that the person signing the affidavit is competent to testify.
Each divorce filed must also contain a Civil Cover sheet, a Verification of Pleadings, a Request for Submission, and an Affidavit of Residency. Finally, there are specific provisions authorizing separation agreements and marital settlement agreements.
[Nevada Revised Statutes; Chapter 123, Sections 020 and 090 and Chapter 125; Sections 181 to 184].
Divorce Mediation or Counseling Requirements
There are no legal provisions in Nevada for divorce mediation.
Divorce Property Distribution
Nevada is a "community property" state. The spouses retain all of their separate property, acquired prior to the marriage or by gift or inheritance. The court will divide all of the spouse's community property and all of the property held jointly by the spouses, including any military retirement benefits. The following factors are considered:
1. The economic circumstances of each spouse at the time the division of property is to become effective
2. How and by whom the property was acquired
3. The merits of each spouse;
4. The burdens imposed upon either spouse for the benefit of the children
Marital fault is not mentioned as a factor. Either spouse's property is also then subject to distribution for alimony or child support. Separate property which 1 spouse contributed to purchase or improve community property may be returned to the contributing spouse.
[Nevada Revised Statutes; Chapter 125, Section 150].
Alimony and Spousal Support
Unless there is a premarital agreement otherwise, either spouse may be awarded alimony, without regard to marital fault. The alimony may be a lump-sum or periodic payments. The award of alimony must be just and equitable and consider:
1. The respective merits of the spouses
2. The condition in which they will be left by the divorce
3. Who acquired the property to be used for alimony
4. If there are burdens imposed upon the property for the benefit of any children
In addition, the court shall consider a spouse's need for alimony for the purpose of obtaining training or education relating to a job, profession, or career. Other factors which the court is to consider are:
1. Whether the spouse who would pay the alimony has obtained greater job skills or education during the marriage
2. Whether the spouse who would receive alimony provided financial support while the other spouse obtained job skills or education
Alimony may be provided for a limited time period for job training, career testing, and education.
[Nevada Revised Statutes; Chapter 125, Section 150].
Spouse's Name After Divorce
For a reasonable cause, the court will restore the wife's former name.
[Nevada Revised Statutes; Chapter 125, Section 130].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child and upon the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The wishes of the parents (no preference is to be given because of parent's sex)
3. Whether either parent has committed domestic violence
4. Other relevant factors
There is a presumption of joint custody if both parents have signed an agreement for joint custody or both agree to joint custody in open court. There is also a presumption that it is not in the best interests of a child to have custody awarded to a parent who has committed domestic violence.
[Nevada Revised Statutes; Chapter 125, Sections 480 and 490].
Child Support After Divorce
Temporary (during the divorce proceeding) and permanent child support may be granted. There are official Child Support percentages contained in Nevada Revised Statutes; Chapter 125B, Section 070. There are changes to the guidelines which are due to take effect on July 1, 2002. These guidelines are presumed to be correct unless there is a showing that the needs of the child would not be met under the particular circumstances in a case. Factors for deviation from the guideline percentages are:
1. The cost of health insurance
2. The cost of childcare
3. Any special educational needs of the child
4. The age of the child
5. The responsibility of the parents for the support of others
6. The value of services contributed by the parents
7. Any public aid paid to the child
8. Any pregnancy expenses; (9) any visitation travel expenses
9. The amount of time the child spends with each parent
10. The relative income of each parent
11. Any other necessary expenses.
[Nevada Revised Statutes; Chapter 125, Section 230 and Chapter 125B, Section 070, 080, and 090].
Saturday, March 22, 2008
Thursday, March 20, 2008
Nebraska Divorce Laws
Nebraska Divorce Laws
Residency Requirements for Divorce in Nebraska
1. One of the spouses must have been a resident of Ne-braska for at least 1 year (or)
2. the marriage was performed in Nebraska and 1 of the spouses has lived in Nebraska for the entire marriage
The dissolution of marriage may be filed for in a county where either spouse resides. There is a 60-day waiting period after service of the petition for dissolution of marriage on the respondent before the case can be decided in court.
[Revised Statutes of Nebraska; Chapter 42, Sections 342 and 349].
Legal Grounds for Divorce in Nebraska
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 361].
2. General Divorce: Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use).
[Revised Statutes of Nebraska; Chapter 42, Section 362].
Legal Separation in Nebraska
Irretrievable breakdown of the marriage is the only grounds for a legal separation in Nebraska. There are no residency requirements specified in the statute. If the residency requirements for dissolution of marriage are met after the petition for legal separation has been filed, the spouse filing may change the proceeding to a proceeding for dissolution of marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 350].
Simplified/Special Divorce Procedures in Nebraska
Joint petitions for dissolution of marriage may be filed by both spouses. In such cases, the spouses should be referred to as "Co-Petitioners" on the court documents. In addition, marital settlement agreements are specifically authorized by law.
[Revised Statutes of Nebraska; Chapter 42, Sections 361 and 366].
Divorce Mediation or Counseling Requirements
A dissolution of marriage will not be granted until every reasonable effort for a reconciliation has been made. If it appears to the court that there is some reasonable possibility of reconciliation, dissolution of marriage actions may be transferred to a conciliation court or the spouses may be referred to a qualified marriage counselor, family service agency, or other agency which provides conciliation services. Official conciliation counselors are available in counties of over 250,000 persons.
[Revised Statutes of Nebraska; Chapter 42, Sections 360 and 808].
Divorce Property Distribution
Nebraska is an "equitable distribution" jurisdiction. The spouses retain their separate property acquired prior to the marriage. All of the spouse's marital property, including any gifts and inheritances acquired during the marriage, may be divided, based on a consideration of 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 economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. Any custodial provisions for the children
[Revised Statutes of Nebraska; Chapter 42, Section 365].
Alimony and Spousal Support
Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on a consideration of the following factors:
1. The circumstances of both spouses
2. The duration of the marriage
3. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
4. Any interruption of personal careers or education
5. The ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody
Reasonable security for the payments may be required.
[Revised Statutes of Nebraska; Chapter 42, Section 365].
Spouse's Name After Divorce
Either spouse may include a request to restore his or her former name in the petition for dissolution of marriage.
[Nebraska Case Law].
Child Custody After Divorce
Joint or sole custody of children is determined according to the best interests of the child and based on a consideration of the following factors:
1. The general health, welfare, and social behavior of the child
2. The preference of the child, if the child is of sufficient age and capacity
3. The child's relationship with each parent prior to the filing for dissolution of marriage
4. Any credible evidence of child or spousal abuse
No preference is to be given because of parent's sex. Joint custody may be awarded if both parents agree.
[Revised Statutes of Nebraska; Chapter 42, Section 364].
Child Support After Divorce
The amount of child support is determined based on a consideration of the earning capacity of each parent. There are official Supreme Court child support guidelines which should be available from the clerk of the court.
[Revised Statutes of Nebraska; Chapter 42, Section 364].
Residency Requirements for Divorce in Nebraska
1. One of the spouses must have been a resident of Ne-braska for at least 1 year (or)
2. the marriage was performed in Nebraska and 1 of the spouses has lived in Nebraska for the entire marriage
The dissolution of marriage may be filed for in a county where either spouse resides. There is a 60-day waiting period after service of the petition for dissolution of marriage on the respondent before the case can be decided in court.
[Revised Statutes of Nebraska; Chapter 42, Sections 342 and 349].
Legal Grounds for Divorce in Nebraska
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 361].
2. General Divorce: Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use).
[Revised Statutes of Nebraska; Chapter 42, Section 362].
Legal Separation in Nebraska
Irretrievable breakdown of the marriage is the only grounds for a legal separation in Nebraska. There are no residency requirements specified in the statute. If the residency requirements for dissolution of marriage are met after the petition for legal separation has been filed, the spouse filing may change the proceeding to a proceeding for dissolution of marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 350].
Simplified/Special Divorce Procedures in Nebraska
Joint petitions for dissolution of marriage may be filed by both spouses. In such cases, the spouses should be referred to as "Co-Petitioners" on the court documents. In addition, marital settlement agreements are specifically authorized by law.
[Revised Statutes of Nebraska; Chapter 42, Sections 361 and 366].
Divorce Mediation or Counseling Requirements
A dissolution of marriage will not be granted until every reasonable effort for a reconciliation has been made. If it appears to the court that there is some reasonable possibility of reconciliation, dissolution of marriage actions may be transferred to a conciliation court or the spouses may be referred to a qualified marriage counselor, family service agency, or other agency which provides conciliation services. Official conciliation counselors are available in counties of over 250,000 persons.
[Revised Statutes of Nebraska; Chapter 42, Sections 360 and 808].
Divorce Property Distribution
Nebraska is an "equitable distribution" jurisdiction. The spouses retain their separate property acquired prior to the marriage. All of the spouse's marital property, including any gifts and inheritances acquired during the marriage, may be divided, based on a consideration of 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 economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. Any custodial provisions for the children
[Revised Statutes of Nebraska; Chapter 42, Section 365].
Alimony and Spousal Support
Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on a consideration of the following factors:
1. The circumstances of both spouses
2. The duration of the marriage
3. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
4. Any interruption of personal careers or education
5. The ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody
Reasonable security for the payments may be required.
[Revised Statutes of Nebraska; Chapter 42, Section 365].
Spouse's Name After Divorce
Either spouse may include a request to restore his or her former name in the petition for dissolution of marriage.
[Nebraska Case Law].
Child Custody After Divorce
Joint or sole custody of children is determined according to the best interests of the child and based on a consideration of the following factors:
1. The general health, welfare, and social behavior of the child
2. The preference of the child, if the child is of sufficient age and capacity
3. The child's relationship with each parent prior to the filing for dissolution of marriage
4. Any credible evidence of child or spousal abuse
No preference is to be given because of parent's sex. Joint custody may be awarded if both parents agree.
[Revised Statutes of Nebraska; Chapter 42, Section 364].
Child Support After Divorce
The amount of child support is determined based on a consideration of the earning capacity of each parent. There are official Supreme Court child support guidelines which should be available from the clerk of the court.
[Revised Statutes of Nebraska; Chapter 42, Section 364].
Wednesday, March 19, 2008
Montana Divorce Laws
Montana Divorce Laws
Residency Requirements for Divorce in Montana
One of the spouses must be a resident of Montana for 90 days immediately prior to filing. The dissolution of marriage should be filed for in the county where the petitioner has been a resident for the previous 90 days.
[Montana Code Annotated; Section 25, Title 2-118 and Section 40, Title 4-104].
Legal Grounds for Divorce in Montana
1. No Fault Divorce: Irretrievable breakdown of the marriage shown by:
1. Serious marital discord which adversely affects the attitude of both spouses towards the marriage and no reasonable prospect of reconciliation
2. Living separate and apart for 180 days prior to filing
[Montana Code Annotated; Section 40, Title 4-104].
2. General Divorce: Irretrievable breakdown of the marriage and living separate and apart for 180 days prior to filing are the only grounds for dissolution of marriage in Montana.
[Montana Code Annotated; Section 40, Title 4-104].
Legal Separation in Montana
Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation.
[Montana Code Annotated; Section 40, Title 4-104].
Simplified/Special Divorce Procedures in Montana
Joint petitions for dissolution of marriage are allowed. In such cases, both spouses should be titled as "Co-Petitioners" on the petition. In addition, separation or settlement agreements are specifically authorized by law.
[Montana Code Annotated; Section 40, Title 4-107].
Divorce Mediation or Counseling Requirements
If there are:
1. minor children
2. 1 spouse denies that the marriage is irretrievably broken
3. 1 or both spouses wish to attempt an amicable settlement of their differences
the court may delay the proceedings for 30 to 60 days and refer the spouses to 1 of the following:
1. A psychiatrist
2. A physician
3. An attorney
4. A social worker
5. A pastor or director of any religious denomination to which the spouses belong
6. Any other person who is competent and qualified in personal counseling
[Montana Code Annotated; Section 40, Titles 3-121 and 3-124].
Divorce Property Distribution
Montana is an "equitable distribution" state. All of the spouse's property, including any held prior to the marriage and any gifts and inheritances, is divided by the court, without regard to marital misconduct, based on consideration of 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 liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
10. Any premarital agreement
11. Any prior marriage of each spouse
12. Whether the property award is instead of or in addition to maintenance
13. Any custodial provisions for the children
[Montana Code Annotated; Section 40, Title 4-202].
Alimony and Spousal Support
Either spouse may be awarded maintenance if that spouse can show:
1. An inability to support himself or herself
2. A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs
3. That 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
The award is made without regard to marital fault, based on 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 any child support 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
[Montana Code Annotated; Section 40, Title 4-203].
Spouse's Name After Divorce
Upon the wife's request, her former or maiden name will be restored.
[Montana Code Annotated; Section 40, Title 4-108].
Child Custody After Divorce
"Parenting" is now the legal terminology in use in Montana to describe the concept of custody. "Parenting Plans" are now the Montana description of child custody arrangements. Sole or joint parenting is awarded based on the best interests of the child and upon a consideration of the following factors:
1. The 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. Any history of child or spouse abuse or threats of abuse
6. Any chemical dependency or abuse by a parent
7. The relationship of the child with parents, siblings, and other significant family members
8. The continuity and stability of the child's care
9. The developmental needs of the child
10. Whether a parent has failed to pay any of the child's birth-related costs
11. Whether the child has frequent and continuing contact with both parents (a consideration of any spousal or child abuse by either parent or anyone residing in a parent's household is considered also)
12. Whether a parent has knowingly failed to support the child
13. Any adverse effects on the child resulting from 1 parent's continuous and annoying efforts to amend parenting plans
The parents must submit a parenting plan to the court; although they may choose to submit a temporary or "interim" parenting plan. A parent's sex is not to be considered.
[Montana Code Annotated; Section 40, Titles 4-104, 4-108, and 4-212].
Child Support After Divorce
Either or both parents may be ordered to pay child support, based on a consideration of 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 and medical needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The age of the child
6. The cost of any daycare
7. The parenting plan for the child
8. The needs of any other person that a parent is obligated to support
9. The provision of health and medical insurance for the child
A portion of the parents' property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services.
[Montana Code Annotated; Section 40, Titles 4-204 and 5-209].
Residency Requirements for Divorce in Montana
One of the spouses must be a resident of Montana for 90 days immediately prior to filing. The dissolution of marriage should be filed for in the county where the petitioner has been a resident for the previous 90 days.
[Montana Code Annotated; Section 25, Title 2-118 and Section 40, Title 4-104].
Legal Grounds for Divorce in Montana
1. No Fault Divorce: Irretrievable breakdown of the marriage shown by:
1. Serious marital discord which adversely affects the attitude of both spouses towards the marriage and no reasonable prospect of reconciliation
2. Living separate and apart for 180 days prior to filing
[Montana Code Annotated; Section 40, Title 4-104].
2. General Divorce: Irretrievable breakdown of the marriage and living separate and apart for 180 days prior to filing are the only grounds for dissolution of marriage in Montana.
[Montana Code Annotated; Section 40, Title 4-104].
Legal Separation in Montana
Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation.
[Montana Code Annotated; Section 40, Title 4-104].
Simplified/Special Divorce Procedures in Montana
Joint petitions for dissolution of marriage are allowed. In such cases, both spouses should be titled as "Co-Petitioners" on the petition. In addition, separation or settlement agreements are specifically authorized by law.
[Montana Code Annotated; Section 40, Title 4-107].
Divorce Mediation or Counseling Requirements
If there are:
1. minor children
2. 1 spouse denies that the marriage is irretrievably broken
3. 1 or both spouses wish to attempt an amicable settlement of their differences
the court may delay the proceedings for 30 to 60 days and refer the spouses to 1 of the following:
1. A psychiatrist
2. A physician
3. An attorney
4. A social worker
5. A pastor or director of any religious denomination to which the spouses belong
6. Any other person who is competent and qualified in personal counseling
[Montana Code Annotated; Section 40, Titles 3-121 and 3-124].
Divorce Property Distribution
Montana is an "equitable distribution" state. All of the spouse's property, including any held prior to the marriage and any gifts and inheritances, is divided by the court, without regard to marital misconduct, based on consideration of 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 liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
10. Any premarital agreement
11. Any prior marriage of each spouse
12. Whether the property award is instead of or in addition to maintenance
13. Any custodial provisions for the children
[Montana Code Annotated; Section 40, Title 4-202].
Alimony and Spousal Support
Either spouse may be awarded maintenance if that spouse can show:
1. An inability to support himself or herself
2. A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs
3. That 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
The award is made without regard to marital fault, based on 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 any child support 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
[Montana Code Annotated; Section 40, Title 4-203].
Spouse's Name After Divorce
Upon the wife's request, her former or maiden name will be restored.
[Montana Code Annotated; Section 40, Title 4-108].
Child Custody After Divorce
"Parenting" is now the legal terminology in use in Montana to describe the concept of custody. "Parenting Plans" are now the Montana description of child custody arrangements. Sole or joint parenting is awarded based on the best interests of the child and upon a consideration of the following factors:
1. The 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. Any history of child or spouse abuse or threats of abuse
6. Any chemical dependency or abuse by a parent
7. The relationship of the child with parents, siblings, and other significant family members
8. The continuity and stability of the child's care
9. The developmental needs of the child
10. Whether a parent has failed to pay any of the child's birth-related costs
11. Whether the child has frequent and continuing contact with both parents (a consideration of any spousal or child abuse by either parent or anyone residing in a parent's household is considered also)
12. Whether a parent has knowingly failed to support the child
13. Any adverse effects on the child resulting from 1 parent's continuous and annoying efforts to amend parenting plans
The parents must submit a parenting plan to the court; although they may choose to submit a temporary or "interim" parenting plan. A parent's sex is not to be considered.
[Montana Code Annotated; Section 40, Titles 4-104, 4-108, and 4-212].
Child Support After Divorce
Either or both parents may be ordered to pay child support, based on a consideration of 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 and medical needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The age of the child
6. The cost of any daycare
7. The parenting plan for the child
8. The needs of any other person that a parent is obligated to support
9. The provision of health and medical insurance for the child
A portion of the parents' property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services.
[Montana Code Annotated; Section 40, Titles 4-204 and 5-209].
Tuesday, March 18, 2008
Missouri Divorce Laws
Missouri Divorce Laws
Residency Requirements for Divorce in Missouri
One of the spouses must be a resident of Missouri for 90 days before filing for dissolution of marriage. The dissolution of marriage should be filed in the county where the Petitioner resides. In addition, there is a 30-day waiting period after filing before a dissolution of marriage will be granted.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 300 and 305].
Legal Grounds for Divorce in Missouri
1. No Fault Divorce: Irretrievable breakdown of the marriage and no reasonable likelihood that the marriage can be preserved.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 305].
2. General Divorce: Irretrievable breakdown of the marriage with no reasonable likelihood that the marriage can be preserved is the only grounds for dissolution of marriage in Missouri.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 305].
Legal Separation in Missouri
The grounds for legal separation in Missouri are an irretrievable breakdown of the marriage, which may include the following factors:
1. Adultery
2. Abandonment
3. Separation caused by misconduct in the 12 months before filing the petition
4. Spousal behavior that the other spouse cannot reasonably be expected to live with
5. Living separate and apart continuously for 24 months
One of the spouses must be a resident of Missouri for 90 days before filing for legal separation.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 305 and 320].
Simplified/Special Divorce Procedures in Missouri
Missouri allows for a joint petition by both spouses to be filed. In such cases, each spouse should be titled as a "Co-Petitioner." Settlement agreements are expressly authorized by statute in Missouri. In addition, some counties have approved pre-printed forms for filing for dissolution of marriage which are available upon request from the court clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 320 and 325].
Divorce Mediation or Counseling Requirements
The court can delay a divorce proceeding for 30 to 180 days and suggest that the spouses seek counseling.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 320].
Divorce Property Distribution
Missouri is an "equitable distribution" state. Each spouse retains his or her separate property obtained prior to the marriage, including any gifts or inheritances. In addition, any property exchanged for separate property or interest obtained from holding separate property remains as separate. Commingled property does not become marital solely by virtue of the act of commingling. Marital property (all property acquired after the marriage whether held jointly or individually, except if):
1. Gift or inheritance
2. Received in exchange for non-marital property
3. An increase in non-marital property
4. Property excluded by a written agreement between the spouses
is divided after a consideration of 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 property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The conduct of the spouses during the marriage generally and as it relates to the disposition of their property
5. The desirability of awarding the family home to the spouse having custody of the children
6. Any custodial arrangements for children
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 330 and Missouri Case Law].
Alimony and Spousal Support
Either spouse may be awarded maintenance if that spouse can show:
1. An inability to support himself or herself
2. A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs
3. That 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
The following factors are considered:
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. The obligations, assets, and separate property of the spouses
9. The comparative earning capacities of each spouse
10. The conduct of the spouses during the marriage
The court may order the payments to be made through the circuit clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 335 and 345].
Spouse's Name After Divorce
A spouse may petition the court for a change of name. A public notice of any name change should be published in a local newspaper in the county where the person resides.
[Annotated Missouri Statutes; Chapter 527, Sections 270 and 290].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child and upon consideration of the following factors:
1. The preference of the child
2. The wishes of the parents and any proposed parenting plan submitted by both 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. Any history of child or spouse abuse
6. The child's need for a continuing relationship with both parents
7. Both parents' willingness and ability to perform parental obligations
8. The intention of either parent to relocate his or her residence
9. Which parent is more likely to allow the child frequent and meaningful contact with the other parent
10. The relationship of the child with parents, siblings, and other significant family members
Domestic violence against a child is a bar to custody. No preference is to be given because of parent's sex, age, or financial status, or the child's age or sex. There is now a legislative encouragement of joint custody or arrangements which will encourage the parents to both share in the decision-making responsibility of caring for the child. An award of joint custody must include a joint custody plan. A parent not granted custody is entitled to reasonable visitation.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 375 and 400 and Missouri Case Law].
Child Support After Divorce
Either or both parents may be ordered to provide child support. Marital misconduct is not to be considered as a factor. The following factors are considered:
1. The child's custody arrangements
2. The financial resources and needs of the child
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
A parent may be required to provide health insurance coverage for any children if such coverage is available at a reasonable cost from an employer, union, or other organization. There are official child support guidelines contained in the statute which are presumed to be correct unless shown to be unjust or inappropriate under the particular circumstances of the case. The court may order the payments to be made through the circuit clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 340 and 345].
Residency Requirements for Divorce in Missouri
One of the spouses must be a resident of Missouri for 90 days before filing for dissolution of marriage. The dissolution of marriage should be filed in the county where the Petitioner resides. In addition, there is a 30-day waiting period after filing before a dissolution of marriage will be granted.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 300 and 305].
Legal Grounds for Divorce in Missouri
1. No Fault Divorce: Irretrievable breakdown of the marriage and no reasonable likelihood that the marriage can be preserved.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 305].
2. General Divorce: Irretrievable breakdown of the marriage with no reasonable likelihood that the marriage can be preserved is the only grounds for dissolution of marriage in Missouri.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 305].
Legal Separation in Missouri
The grounds for legal separation in Missouri are an irretrievable breakdown of the marriage, which may include the following factors:
1. Adultery
2. Abandonment
3. Separation caused by misconduct in the 12 months before filing the petition
4. Spousal behavior that the other spouse cannot reasonably be expected to live with
5. Living separate and apart continuously for 24 months
One of the spouses must be a resident of Missouri for 90 days before filing for legal separation.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 305 and 320].
Simplified/Special Divorce Procedures in Missouri
Missouri allows for a joint petition by both spouses to be filed. In such cases, each spouse should be titled as a "Co-Petitioner." Settlement agreements are expressly authorized by statute in Missouri. In addition, some counties have approved pre-printed forms for filing for dissolution of marriage which are available upon request from the court clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 320 and 325].
Divorce Mediation or Counseling Requirements
The court can delay a divorce proceeding for 30 to 180 days and suggest that the spouses seek counseling.
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 320].
Divorce Property Distribution
Missouri is an "equitable distribution" state. Each spouse retains his or her separate property obtained prior to the marriage, including any gifts or inheritances. In addition, any property exchanged for separate property or interest obtained from holding separate property remains as separate. Commingled property does not become marital solely by virtue of the act of commingling. Marital property (all property acquired after the marriage whether held jointly or individually, except if):
1. Gift or inheritance
2. Received in exchange for non-marital property
3. An increase in non-marital property
4. Property excluded by a written agreement between the spouses
is divided after a consideration of 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 property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The conduct of the spouses during the marriage generally and as it relates to the disposition of their property
5. The desirability of awarding the family home to the spouse having custody of the children
6. Any custodial arrangements for children
[Annotated Missouri Statutes; Title 30, Chapter 452, Section 330 and Missouri Case Law].
Alimony and Spousal Support
Either spouse may be awarded maintenance if that spouse can show:
1. An inability to support himself or herself
2. A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs
3. That 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
The following factors are considered:
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. The obligations, assets, and separate property of the spouses
9. The comparative earning capacities of each spouse
10. The conduct of the spouses during the marriage
The court may order the payments to be made through the circuit clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 335 and 345].
Spouse's Name After Divorce
A spouse may petition the court for a change of name. A public notice of any name change should be published in a local newspaper in the county where the person resides.
[Annotated Missouri Statutes; Chapter 527, Sections 270 and 290].
Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child and upon consideration of the following factors:
1. The preference of the child
2. The wishes of the parents and any proposed parenting plan submitted by both 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. Any history of child or spouse abuse
6. The child's need for a continuing relationship with both parents
7. Both parents' willingness and ability to perform parental obligations
8. The intention of either parent to relocate his or her residence
9. Which parent is more likely to allow the child frequent and meaningful contact with the other parent
10. The relationship of the child with parents, siblings, and other significant family members
Domestic violence against a child is a bar to custody. No preference is to be given because of parent's sex, age, or financial status, or the child's age or sex. There is now a legislative encouragement of joint custody or arrangements which will encourage the parents to both share in the decision-making responsibility of caring for the child. An award of joint custody must include a joint custody plan. A parent not granted custody is entitled to reasonable visitation.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 375 and 400 and Missouri Case Law].
Child Support After Divorce
Either or both parents may be ordered to provide child support. Marital misconduct is not to be considered as a factor. The following factors are considered:
1. The child's custody arrangements
2. The financial resources and needs of the child
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
A parent may be required to provide health insurance coverage for any children if such coverage is available at a reasonable cost from an employer, union, or other organization. There are official child support guidelines contained in the statute which are presumed to be correct unless shown to be unjust or inappropriate under the particular circumstances of the case. The court may order the payments to be made through the circuit clerk.
[Annotated Missouri Statutes; Title 30, Chapter 452, Sections 340 and 345].
Monday, March 17, 2008
Mississippi Divorce Laws
Mississippi Divorce Laws
Residency Requirements for Divorce in Mississippi
One of the spouses must have been a resident for at least 6 months and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi. A divorce on the grounds of irreconcilable differences should be filed for in:
1. The county where either spouse resides, if both spouses are residents of Mississippi
2. The county where 1 spouse resides if the other spouse is a non-resident of Mississippi
A divorce sought on fault-based grounds should be filed for in:
1. The county where the defendant resides if he or she is a resident of Mississippi
2. The county where the plaintiff resides if the defendant is a non-resident of Mississippi
3. The county where the spouses last lived prior to separating, if the defendant is still a resident of Mississippi
[Mississippi Code Annotated; Section 93, Chapters 5-5 and 5-11].
Legal Grounds for Divorce in Mississippi
1. No Fault Divorce: Irreconcilable differences. See also below under Simplified or Special Divorce Procedures.
[Mississippi Code Annotated; Section 93, Chapters 5-1, 5-2, and 5-7].
2. General Divorce:
1. Impotence
2. Adultery
3. Imprisonment
4. Alcoholism or drug addiction
5. Confinement for incurable insanity for at least 3 years before the divorce is filed
6. Wife is pregnant by another at the time of marriage without husband's knowledge
7. Willful desertion for at least 1 year
8. Cruel and inhuman treatment
9. Spouse lacked mental capacity to consent
10. Incest
In addition, an affidavit must be filed stating that there is no collusion between the spouses.
[Mississippi Code Annotated; Section 93, Chapters 5-1 and 5-7].
Legal Separation in Mississippi
There are no provisions in Mississippi for legal separation.
Simplified/Special Divorce Procedures in Mississippi
A no-fault divorce on the grounds of irreconcilable differences will be granted if:
1. A joint bill of complaint for divorce is filed by both the husband and wife
2. A bill of complaint has been filed and:
1. The defendant has entered an appearance by written waiver of process
2. has been personally served with the divorce papers
In addition, if there is a written agreement between the spouses for the care and custody of any children and for the division of all property, the court may incorporate such an agreement into the divorce judgment. If the spouses cannot agree on the terms of an agreement, they must consent to the divorce in writing and consent to allow the court to decide all contested issues. There is a 60-day waiting period after filing before a hearing may be scheduled. A bill filed meeting these qualifications will be taken as proved and no testimony or proof will be required at the hearing. However, if the defendant denies that there are irreconcilable differences, the divorce may not be granted on these grounds.
[Mississippi Code Annotated; Section 93, Chapter 5-2].
Divorce Mediation or Counseling Requirements
There is no legal provision in Mississippi for mediation.
Divorce Property Distribution
Mississippi is a "title" state. Each spouse retains his or her property for which they have title. There are no statutory provisions in Mississippi for considerations regarding property division. However, Mississippi has judicially adopted the "equitable division" systems of property division. Recent court decisions have allowed for a wife's contributions to the acquisition of assets to provide the court with authority to divide any jointly accumulated assets on an "equitable" basis. A 1994 case (Ferguson v. Ferguson) spelled out a set of factors for the equitable division of marital property:
1. A spouse's substantial contribution to the accumulation of property
2. The degree to which a spouse has previously expended or disposed of any marital property
3. The market and emotional value of the property in question
4. The value of any non-marital or separate property
5. The tax consequences of the division of property
6. The extent to which property division may eliminate the need for alimony or any other future friction between the parties
7. The needs of the party, considering income, assets, and earning capacity
8. Any other equitable factors
[Mississippi Case Law].
Alimony and Spousal Support
Either spouse may be awarded maintenance if it is equitable and just. There are no other factors for consideration specified in the statute. However, a 1996 case (Parsons v. Parsons) spelled out a set of factors for consideration:
1. The spouses' income and expenses
2. The spouses' health and earnings
3. The spouses' needs, obligations, and assets
4. The presence of any children
5. The spouses' ages
6. The standard of living during the marriage
7. Any tax consequences
8. Any marital fault
9. Any wasteful dissipation of assets
10. Any other just and equitable factors
[Mississippi Code Annotated; Section 93, Chapter 5-23 and Mississippi Case Law].
Spouse's Name After Divorce
Either spouse may petition the court for a name change.
[Mississippi Code Annotated; Section 93, Chapter 17-1].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors for consideration in the statute. The court may award:
1. Joint physical and legal custody to 1 or both parents
2. Physical custody to both parents and legal custody to 1 parent
3. Legal custody to both parents and physical custody to 1 parent
4. Custody to a third party if the parents have abandoned the child or are unfit
If irreconcilable differences are the grounds for divorce, joint custody may be awarded if both parents apply for joint custody. If both parents apply for joint custody, there is a presumption that joint custody is in the best interests of the child. Otherwise, either parent may apply for joint custody. If both parents are fit and the child is 12 or older, the child may choose the parent he or she wishes to live with. If child abuse is alleged by either parent, the court shall order an investigation by the Mississippi Department of Public Welfare.
[Mississippi Code Annotated; Section 93, Chapters 5-23, 5-24, and 11-65].
Child Support After Divorce
Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability. A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. A bond or sureties may be required to guarantee payments. There are specific child support guidelines contained in the statute.
[Mississippi Code Annotated; Section 93, Chapters 5-23 and 11-65 and Section 99, Chapter 19-101].
Residency Requirements for Divorce in Mississippi
One of the spouses must have been a resident for at least 6 months and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi. A divorce on the grounds of irreconcilable differences should be filed for in:
1. The county where either spouse resides, if both spouses are residents of Mississippi
2. The county where 1 spouse resides if the other spouse is a non-resident of Mississippi
A divorce sought on fault-based grounds should be filed for in:
1. The county where the defendant resides if he or she is a resident of Mississippi
2. The county where the plaintiff resides if the defendant is a non-resident of Mississippi
3. The county where the spouses last lived prior to separating, if the defendant is still a resident of Mississippi
[Mississippi Code Annotated; Section 93, Chapters 5-5 and 5-11].
Legal Grounds for Divorce in Mississippi
1. No Fault Divorce: Irreconcilable differences. See also below under Simplified or Special Divorce Procedures.
[Mississippi Code Annotated; Section 93, Chapters 5-1, 5-2, and 5-7].
2. General Divorce:
1. Impotence
2. Adultery
3. Imprisonment
4. Alcoholism or drug addiction
5. Confinement for incurable insanity for at least 3 years before the divorce is filed
6. Wife is pregnant by another at the time of marriage without husband's knowledge
7. Willful desertion for at least 1 year
8. Cruel and inhuman treatment
9. Spouse lacked mental capacity to consent
10. Incest
In addition, an affidavit must be filed stating that there is no collusion between the spouses.
[Mississippi Code Annotated; Section 93, Chapters 5-1 and 5-7].
Legal Separation in Mississippi
There are no provisions in Mississippi for legal separation.
Simplified/Special Divorce Procedures in Mississippi
A no-fault divorce on the grounds of irreconcilable differences will be granted if:
1. A joint bill of complaint for divorce is filed by both the husband and wife
2. A bill of complaint has been filed and:
1. The defendant has entered an appearance by written waiver of process
2. has been personally served with the divorce papers
In addition, if there is a written agreement between the spouses for the care and custody of any children and for the division of all property, the court may incorporate such an agreement into the divorce judgment. If the spouses cannot agree on the terms of an agreement, they must consent to the divorce in writing and consent to allow the court to decide all contested issues. There is a 60-day waiting period after filing before a hearing may be scheduled. A bill filed meeting these qualifications will be taken as proved and no testimony or proof will be required at the hearing. However, if the defendant denies that there are irreconcilable differences, the divorce may not be granted on these grounds.
[Mississippi Code Annotated; Section 93, Chapter 5-2].
Divorce Mediation or Counseling Requirements
There is no legal provision in Mississippi for mediation.
Divorce Property Distribution
Mississippi is a "title" state. Each spouse retains his or her property for which they have title. There are no statutory provisions in Mississippi for considerations regarding property division. However, Mississippi has judicially adopted the "equitable division" systems of property division. Recent court decisions have allowed for a wife's contributions to the acquisition of assets to provide the court with authority to divide any jointly accumulated assets on an "equitable" basis. A 1994 case (Ferguson v. Ferguson) spelled out a set of factors for the equitable division of marital property:
1. A spouse's substantial contribution to the accumulation of property
2. The degree to which a spouse has previously expended or disposed of any marital property
3. The market and emotional value of the property in question
4. The value of any non-marital or separate property
5. The tax consequences of the division of property
6. The extent to which property division may eliminate the need for alimony or any other future friction between the parties
7. The needs of the party, considering income, assets, and earning capacity
8. Any other equitable factors
[Mississippi Case Law].
Alimony and Spousal Support
Either spouse may be awarded maintenance if it is equitable and just. There are no other factors for consideration specified in the statute. However, a 1996 case (Parsons v. Parsons) spelled out a set of factors for consideration:
1. The spouses' income and expenses
2. The spouses' health and earnings
3. The spouses' needs, obligations, and assets
4. The presence of any children
5. The spouses' ages
6. The standard of living during the marriage
7. Any tax consequences
8. Any marital fault
9. Any wasteful dissipation of assets
10. Any other just and equitable factors
[Mississippi Code Annotated; Section 93, Chapter 5-23 and Mississippi Case Law].
Spouse's Name After Divorce
Either spouse may petition the court for a name change.
[Mississippi Code Annotated; Section 93, Chapter 17-1].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors for consideration in the statute. The court may award:
1. Joint physical and legal custody to 1 or both parents
2. Physical custody to both parents and legal custody to 1 parent
3. Legal custody to both parents and physical custody to 1 parent
4. Custody to a third party if the parents have abandoned the child or are unfit
If irreconcilable differences are the grounds for divorce, joint custody may be awarded if both parents apply for joint custody. If both parents apply for joint custody, there is a presumption that joint custody is in the best interests of the child. Otherwise, either parent may apply for joint custody. If both parents are fit and the child is 12 or older, the child may choose the parent he or she wishes to live with. If child abuse is alleged by either parent, the court shall order an investigation by the Mississippi Department of Public Welfare.
[Mississippi Code Annotated; Section 93, Chapters 5-23, 5-24, and 11-65].
Child Support After Divorce
Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability. A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. A bond or sureties may be required to guarantee payments. There are specific child support guidelines contained in the statute.
[Mississippi Code Annotated; Section 93, Chapters 5-23 and 11-65 and Section 99, Chapter 19-101].
Sunday, March 16, 2008
Minnesota Divorce Laws
Minnesota Divorce Laws
Residency Requirements for Divorce in Minnesota
One of the spouses must have been a resident of Minnesota for at least 180 days immediately before the petition for dissolution of marriage is filed. The dissolution of marriage may be filed for in a county where either spouse resides.
[Minnesota Statutes Annotated; Chapters 518.07 and 518.09].
Legal Grounds for Divorce in Minnesota
1. No Fault Divorce: Irrevocable breakdown of the marriage shown by:
1. Living separate and apart for 180 days
2. Serious marital discord adversely affecting the attitude of 1 or both of the spouses toward the marriage
[Minnesota Statutes Annotated; Chapters 518.06 and 518.13].
2. General Divorce: Irrevocable breakdown of the marriage is the only grounds for dissolution of marriage in Minnesota.
[Minnesota Statutes Annotated; Chapter 518.06].
Legal Separation in Minnesota
The grounds for a legal separation in Minnesota are that it will be granted if the court finds that the spouses need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed.
[Minnesota Statutes Annotated; Chapters 518.06 and 518.07].
Simplified/Special Divorce Procedures in Minnesota
The petition may be brought by both spouses jointly as Co-Petitioners. This eliminates the need for service of process or the use of a summons.
[Minnesota Statutes Annotated; Chapters 518.09 and 518.11].
Divorce Mediation or Counseling Requirements
Mediation may be ordered in cases in which the custody of children is contested, unless there is a history of spousal abuse or physical or sexual child abuse.
[Minnesota Statutes Annotated; Chapter 518.619].
Divorce Property Distribution
Minnesota is an "equitable distribution" state. Each spouse retains his or her non-marital (separate) property, consisting of:
1. Property acquired prior to the marriage
2. Any gifts or inheritances
3. Property exchanged for such non-marital property
4. An increase in value of such non-marital property
All other marital property, including any pension and retirement plans, is divided, without regard to fault, after a consideration of 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 economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. The age and health of the spouses
5. The occupation of the spouses
6. The amount and sources of income of the spouses
7. The vocational skills of the spouses
8. The employability of the spouses
9. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
10. Any prior marriage of each spouse
11. Any other factor necessary to do equity and justice between the spouses
[Minnesota Statutes Annotated; Chapter 518.58].
Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, if the spouse seeking maintenance:
1. Lacks sufficient property to provide for reasonable needs considering the standard of living attained during the marriage
2. Is unable to provide adequate self-support, considering the standard of living attained during the marriage, through appropriate employment
3. Is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home
The award of maintenance is based on a consideration of the following factors:
1. The sacrifices the homemaker has made in terms of earnings, employment, experience, and opportunities
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, that spouse's future earning capacity, and the probability of completing education and training and becoming fully or partially self-supporting
3. The standard of living established during the marriage
4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished
5. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
6. 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
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age of the spouses
9. The physical and emotional conditions of the spouses
10. Any loss of earnings, seniority, retirement benefits, or other employment opportunities foregone by the spouse seeking maintenance
11. Any other factor the court deems just and equitable
If the spouse receives public aid, the payments are to be made through the public aid agency.
[Minnesota Statutes Annotated; Chapters 518.551 and 518.552].
Spouse's Name After Divorce
Upon request, either spouse may change his or her name, unless there is intent to mislead or defraud.
[Minnesota Statutes Annotated; Chapter 518.27].
Child Custody After Divorce
Joint or sole custody may be awarded. Sole custody will be awarded based on the best interests of the child and the following:
1. The child's cultural background
2. Physical and mental health of all parties
3. Capability and desire of each parent to give the child love, affection, and guidance and to continue raising the child in the child's culture and religion or creed, if any
4. Preference of the child, if the child is of sufficient age and capacity
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The wishes of the parents
7. The child's adjustment to his or her home, school, and community
8. The mental and physical health of all individuals involved
9. The relationship of the child with parents, siblings, and other significant family members
10. The conduct of the proposed guardian only as it bears on his or her relationship with the child
11. The stability of the home environment likely to be offered by each parent
12. A need to promote continuity and stability in the life of the child
13. The effect of any child or spouse abuse on the child
14. The child's primary caretaker
15. Any other factors
The primary caretaker factor is not a presumption in favor of the primary caretaker, but is only 1 factor in the decision.
If both parents request joint custody, there is a presumption that such an arrangement will be in the best interests of the child, unless there has been any spousal abuse. If there has been any history of spousal abuse, there is a presumption that joint custody is not in the best interests of the child. Joint custody will be based on a consideration of the above factors and the following:
1. Dispute resolution methods
2. The effect of 1 parent having custody
3. The ability of the parents to cooperate and make decisions jointly
If both parents seek custody of a child who is too young to express a preference, the "primary caretaker" is to be awarded custody.
[Minnesota Statutes Annotated; Chapter 518.17 and Minnesota Case Law].
Child Support After Divorce
In determining child support, the following factors are considered:
1. The financial resources of the child
2. The financial resources, earnings, income, and assets of the 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 amount of public aid received by the child or parent
6. Any income tax consequences of the payment of support
7. Any debt of the parents
Misconduct of a parent in the marriage is not to be considered. If the parent to receive the support payments is receiving or has applied for public aid, the support payments must be made to the public agency responsible for child support enforcement in Minnesota. There are official child support guidelines contained in Minnesota Statutes Annotated; Chapter 518.551.
[Minnesota Statutes Annotated; Chapters 518.551 and 518.552].
Residency Requirements for Divorce in Minnesota
One of the spouses must have been a resident of Minnesota for at least 180 days immediately before the petition for dissolution of marriage is filed. The dissolution of marriage may be filed for in a county where either spouse resides.
[Minnesota Statutes Annotated; Chapters 518.07 and 518.09].
Legal Grounds for Divorce in Minnesota
1. No Fault Divorce: Irrevocable breakdown of the marriage shown by:
1. Living separate and apart for 180 days
2. Serious marital discord adversely affecting the attitude of 1 or both of the spouses toward the marriage
[Minnesota Statutes Annotated; Chapters 518.06 and 518.13].
2. General Divorce: Irrevocable breakdown of the marriage is the only grounds for dissolution of marriage in Minnesota.
[Minnesota Statutes Annotated; Chapter 518.06].
Legal Separation in Minnesota
The grounds for a legal separation in Minnesota are that it will be granted if the court finds that the spouses need a legal separation. One of the spouses must have been a resident of Minnesota for at least 6 months before the petition for legal separation is filed.
[Minnesota Statutes Annotated; Chapters 518.06 and 518.07].
Simplified/Special Divorce Procedures in Minnesota
The petition may be brought by both spouses jointly as Co-Petitioners. This eliminates the need for service of process or the use of a summons.
[Minnesota Statutes Annotated; Chapters 518.09 and 518.11].
Divorce Mediation or Counseling Requirements
Mediation may be ordered in cases in which the custody of children is contested, unless there is a history of spousal abuse or physical or sexual child abuse.
[Minnesota Statutes Annotated; Chapter 518.619].
Divorce Property Distribution
Minnesota is an "equitable distribution" state. Each spouse retains his or her non-marital (separate) property, consisting of:
1. Property acquired prior to the marriage
2. Any gifts or inheritances
3. Property exchanged for such non-marital property
4. An increase in value of such non-marital property
All other marital property, including any pension and retirement plans, is divided, without regard to fault, after a consideration of 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 economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. The age and health of the spouses
5. The occupation of the spouses
6. The amount and sources of income of the spouses
7. The vocational skills of the spouses
8. The employability of the spouses
9. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
10. Any prior marriage of each spouse
11. Any other factor necessary to do equity and justice between the spouses
[Minnesota Statutes Annotated; Chapter 518.58].
Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, if the spouse seeking maintenance:
1. Lacks sufficient property to provide for reasonable needs considering the standard of living attained during the marriage
2. Is unable to provide adequate self-support, considering the standard of living attained during the marriage, through appropriate employment
3. Is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home
The award of maintenance is based on a consideration of the following factors:
1. The sacrifices the homemaker has made in terms of earnings, employment, experience, and opportunities
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, that spouse's future earning capacity, and the probability of completing education and training and becoming fully or partially self-supporting
3. The standard of living established during the marriage
4. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished
5. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
6. 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
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age of the spouses
9. The physical and emotional conditions of the spouses
10. Any loss of earnings, seniority, retirement benefits, or other employment opportunities foregone by the spouse seeking maintenance
11. Any other factor the court deems just and equitable
If the spouse receives public aid, the payments are to be made through the public aid agency.
[Minnesota Statutes Annotated; Chapters 518.551 and 518.552].
Spouse's Name After Divorce
Upon request, either spouse may change his or her name, unless there is intent to mislead or defraud.
[Minnesota Statutes Annotated; Chapter 518.27].
Child Custody After Divorce
Joint or sole custody may be awarded. Sole custody will be awarded based on the best interests of the child and the following:
1. The child's cultural background
2. Physical and mental health of all parties
3. Capability and desire of each parent to give the child love, affection, and guidance and to continue raising the child in the child's culture and religion or creed, if any
4. Preference of the child, if the child is of sufficient age and capacity
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The wishes of the parents
7. The child's adjustment to his or her home, school, and community
8. The mental and physical health of all individuals involved
9. The relationship of the child with parents, siblings, and other significant family members
10. The conduct of the proposed guardian only as it bears on his or her relationship with the child
11. The stability of the home environment likely to be offered by each parent
12. A need to promote continuity and stability in the life of the child
13. The effect of any child or spouse abuse on the child
14. The child's primary caretaker
15. Any other factors
The primary caretaker factor is not a presumption in favor of the primary caretaker, but is only 1 factor in the decision.
If both parents request joint custody, there is a presumption that such an arrangement will be in the best interests of the child, unless there has been any spousal abuse. If there has been any history of spousal abuse, there is a presumption that joint custody is not in the best interests of the child. Joint custody will be based on a consideration of the above factors and the following:
1. Dispute resolution methods
2. The effect of 1 parent having custody
3. The ability of the parents to cooperate and make decisions jointly
If both parents seek custody of a child who is too young to express a preference, the "primary caretaker" is to be awarded custody.
[Minnesota Statutes Annotated; Chapter 518.17 and Minnesota Case Law].
Child Support After Divorce
In determining child support, the following factors are considered:
1. The financial resources of the child
2. The financial resources, earnings, income, and assets of the 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 amount of public aid received by the child or parent
6. Any income tax consequences of the payment of support
7. Any debt of the parents
Misconduct of a parent in the marriage is not to be considered. If the parent to receive the support payments is receiving or has applied for public aid, the support payments must be made to the public agency responsible for child support enforcement in Minnesota. There are official child support guidelines contained in Minnesota Statutes Annotated; Chapter 518.551.
[Minnesota Statutes Annotated; Chapters 518.551 and 518.552].
Friday, March 14, 2008
Michigan Divorce Laws
Michigan Divorce Laws
Residency Requirements for Divorce in Michigan
Immediately prior to filing for divorce, 1 of the spouses must have been a resident of Michigan for 180 days and a resident of the county for 10 days where the divorce is filed. However, a person may file for divorce in any county in the state without meeting the 10-day residency requirement if the defendant was born in or is a citizen of a foreign country and there are minor children in the marriage who are at risk of being taken out of the country by the defendant.
[Michigan Compiled Laws Annotated; Section 552.9].
Legal Grounds for Divorce in Michigan
1. No Fault Divorce: A breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
[Michigan Compiled Laws Annotated; Section 552.6]
2. General Divorce: A breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved are the only grounds for divorce in Michigan.
[Michigan Compiled Laws Annotated; Section 552.6].
Legal Separation in Michigan
The only grounds for legal separation (separate maintenance) in Michigan is a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. There is no residency requirement specified in the statute.
[Michigan Compiled Laws Annotated; Section 552.7].
Simplified/Special Divorce Procedures in Michigan
There are mandatory official approved and simplified (fill-in-the-blank) forms available for all phases of the divorce process. These forms are contained in the official Michigan Supreme Court Administrative Office Forms Book and should be available from the Clerk of the Circuit Court in any Michigan county. In addition, the Michigan Friend of the Court Bureau is to supply each party in a divorce case with a pamphlet discussing the court procedures, the rights and responsibilities of the parties, the availability of mediation, human services, and joint custody.
[Michigan Court Rules 3.204 and Michigan Compiled Laws Annotated; Section 552.505].
Divorce Mediation or Counseling Requirements
Voluntary mediation services are available in all situations involving custody and visitation of children.
[Michigan Compiled Laws Annotated; Section 552.513].
Divorce Property Distribution
Michigan is an "equitable distribution" state. The court may divide the all of the spouse's property, including any gifts or inheritances, in a just and reasonable manner, if it appears that the spouse contributed to the acquisition, improvement, or accumulation of the property. The factors to be considered are:
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. Any retirement benefits, including social security, civil service, and military and railroad retirement benefits
4. Any prior marriage of each spouse
5. The circumstances that contributed to the estrangement of the spouses
6. The source of the property
7. The cause of the divorce
8. Each spouse's financial circumstances and rights to any insurance policies
[Michigan Compiled Laws Annotated; Sections 552.19, 552.101, and 552.401 and Michigan Case Law].
Alimony and Spousal Support
Either spouse may be ordered to pay alimony. The alimony may be awarded if the property awarded to a spouse is insufficient to allow that spouse suitable support and maintenance. Factors for consideration specified in the statute are:
1. The ability of either spouse to pay
2. The character and situation of the spouses
3. All other circumstances of the case
All payments of spousal support shall be ordered to be made through the Michigan Friend of the Court Bureau.
[Michigan Compiled Laws Annotated; Sections 552.13, 552.23, and 552.452].
Spouse's Name After Divorce
At the wife's request, the court may restore the birth or former name, if there is no fraudulent intent.
[Michigan Compiled Laws Annotated; Section 552.391].
Child Custody After Divorce
Sole or joint custody is awarded based on the best interests of the child and on the following factors:
1. Moral character and prudence of the parents
2. Physical, emotional, mental, religious, and social needs of the child
3. Capability and desire of each parent to meet the child's emotional, educational, and other needs
4. Preference of the child, if the child is of sufficient age and capacity
5. The love and affection and other emotional ties existing between the child and each parent
6. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
7. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
8. The child's adjustment to his or her home, school, and community
9. The mental and physical health of all individuals involved
10. The permanence as a family unit of the proposed custodial home or homes
11. Any other factors
If joint custody is an issue, the court will consider all of the above factors and the following additional factors:
1. Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child
2. If the parents agree on joint custody
[Michigan Compiled Laws Annotated; Sections 552.16, 722.23, and 722.26a].
Child Support After Divorce
Either parent may be ordered to provide a just and proper amount of child support. There is a Child Support Formula to be used as a guideline and it is presumed to be correct unless shown to be unjust or inappropriate under the circumstances in a particular case. This formula is contained in Michigan Compiled Laws Annotated, Section 552.519. The court may require the parent providing support to file a bond guaranteeing the support payments. Support may include health care, dental care, childcare, and education of the child. The Judgment of Divorce must include a provision that requires 1 or both of the parents to provide health care coverage, if such coverage is available at a reasonable cost as a benefit of employment. All payments of child support shall be ordered to be made through the Michigan Friend of the Court Bureau. Each parent will be required to keep the Michigan Friend of the Court Bureau informed of their address, sources of income, and health insurance coverage.
[Michigan Compiled Laws Annotated; Sections 552.15, 552.16, 552.452, and 552.519].
Residency Requirements for Divorce in Michigan
Immediately prior to filing for divorce, 1 of the spouses must have been a resident of Michigan for 180 days and a resident of the county for 10 days where the divorce is filed. However, a person may file for divorce in any county in the state without meeting the 10-day residency requirement if the defendant was born in or is a citizen of a foreign country and there are minor children in the marriage who are at risk of being taken out of the country by the defendant.
[Michigan Compiled Laws Annotated; Section 552.9].
Legal Grounds for Divorce in Michigan
1. No Fault Divorce: A breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
[Michigan Compiled Laws Annotated; Section 552.6]
2. General Divorce: A breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved are the only grounds for divorce in Michigan.
[Michigan Compiled Laws Annotated; Section 552.6].
Legal Separation in Michigan
The only grounds for legal separation (separate maintenance) in Michigan is a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. There is no residency requirement specified in the statute.
[Michigan Compiled Laws Annotated; Section 552.7].
Simplified/Special Divorce Procedures in Michigan
There are mandatory official approved and simplified (fill-in-the-blank) forms available for all phases of the divorce process. These forms are contained in the official Michigan Supreme Court Administrative Office Forms Book and should be available from the Clerk of the Circuit Court in any Michigan county. In addition, the Michigan Friend of the Court Bureau is to supply each party in a divorce case with a pamphlet discussing the court procedures, the rights and responsibilities of the parties, the availability of mediation, human services, and joint custody.
[Michigan Court Rules 3.204 and Michigan Compiled Laws Annotated; Section 552.505].
Divorce Mediation or Counseling Requirements
Voluntary mediation services are available in all situations involving custody and visitation of children.
[Michigan Compiled Laws Annotated; Section 552.513].
Divorce Property Distribution
Michigan is an "equitable distribution" state. The court may divide the all of the spouse's property, including any gifts or inheritances, in a just and reasonable manner, if it appears that the spouse contributed to the acquisition, improvement, or accumulation of the property. The factors to be considered are:
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. Any retirement benefits, including social security, civil service, and military and railroad retirement benefits
4. Any prior marriage of each spouse
5. The circumstances that contributed to the estrangement of the spouses
6. The source of the property
7. The cause of the divorce
8. Each spouse's financial circumstances and rights to any insurance policies
[Michigan Compiled Laws Annotated; Sections 552.19, 552.101, and 552.401 and Michigan Case Law].
Alimony and Spousal Support
Either spouse may be ordered to pay alimony. The alimony may be awarded if the property awarded to a spouse is insufficient to allow that spouse suitable support and maintenance. Factors for consideration specified in the statute are:
1. The ability of either spouse to pay
2. The character and situation of the spouses
3. All other circumstances of the case
All payments of spousal support shall be ordered to be made through the Michigan Friend of the Court Bureau.
[Michigan Compiled Laws Annotated; Sections 552.13, 552.23, and 552.452].
Spouse's Name After Divorce
At the wife's request, the court may restore the birth or former name, if there is no fraudulent intent.
[Michigan Compiled Laws Annotated; Section 552.391].
Child Custody After Divorce
Sole or joint custody is awarded based on the best interests of the child and on the following factors:
1. Moral character and prudence of the parents
2. Physical, emotional, mental, religious, and social needs of the child
3. Capability and desire of each parent to meet the child's emotional, educational, and other needs
4. Preference of the child, if the child is of sufficient age and capacity
5. The love and affection and other emotional ties existing between the child and each parent
6. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
7. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
8. The child's adjustment to his or her home, school, and community
9. The mental and physical health of all individuals involved
10. The permanence as a family unit of the proposed custodial home or homes
11. Any other factors
If joint custody is an issue, the court will consider all of the above factors and the following additional factors:
1. Whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child
2. If the parents agree on joint custody
[Michigan Compiled Laws Annotated; Sections 552.16, 722.23, and 722.26a].
Child Support After Divorce
Either parent may be ordered to provide a just and proper amount of child support. There is a Child Support Formula to be used as a guideline and it is presumed to be correct unless shown to be unjust or inappropriate under the circumstances in a particular case. This formula is contained in Michigan Compiled Laws Annotated, Section 552.519. The court may require the parent providing support to file a bond guaranteeing the support payments. Support may include health care, dental care, childcare, and education of the child. The Judgment of Divorce must include a provision that requires 1 or both of the parents to provide health care coverage, if such coverage is available at a reasonable cost as a benefit of employment. All payments of child support shall be ordered to be made through the Michigan Friend of the Court Bureau. Each parent will be required to keep the Michigan Friend of the Court Bureau informed of their address, sources of income, and health insurance coverage.
[Michigan Compiled Laws Annotated; Sections 552.15, 552.16, 552.452, and 552.519].
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