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Wyoming Divorce Laws

2009-08-23T02:17:00.000-07:00

Residency Requirements for Divorce in Wyoming

The spouse filing for divorce must have been a resident of Wyoming for 60 days immediately prior to filing or
the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The divorce may be filed for in the county where either spouse lives. There is a waiting period of 20 days after filing before a divorce will be granted

Legal Grounds for Divorce in Wyoming

No Fault Divorce: Irreconcilable differences
General Divorce: Confinement for incurable insanity for 2 years

Legal Separation in Wyoming
The grounds for legal separation are the same as for divorce. The spouse filing for legal separation must have been a resident of Wyoming for 60 days immediately prior to filing or the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The legal separation may be filed for in the county where either spouse lives.

Simplified/Special Divorce Procedures in Wyoming
A sample Complaint for Divorce form is contained in Wyoming Rules of Civil Procedure, Appendix of Forms, Form #15. Financial Affidavits are required to be filed by both parents if child support is an issue in the case.

Divorce Mediation in Wyoming
There are no mediation or counseling requirements in Wyoming.

Divorce Property Distribution
Wyoming is an "equitable distribution" state. All of the spouse's property will be divided in an equitable manner, including property acquired prior to the marriage, gifts, and inheritances, based on a consideration of the following factors:

the economic circumstances of each spouse at the time the division of property is to become effective
how and by whom the property was acquired
the merits of each spouse
the burdens imposed upon either spouse for the benefit of the children or the spouses
any other factor necessary to do equity and justice between the spouses

Alimony and Spousal Support
Either spouse may be awarded alimony in the form of a specific sum or property after consideration of the other's ability to pay. Real estate or profits from real estate may be ordered transferred to the other spouse for alimony for life. Marital fault is not a factor. No other factors are specified in the statute.

Spouse's Name After Divorce
There is no statutory provision in Wyoming for the restoration of a wife's name upon divorce. However, there is a general statutory provision for name change upon petitioning the court.

Child Custody After Divorce
Child custody may include joint, sole, or shared custody, as long as it is in the best interests of the child. Child custody will be awarded according to what appears to be most expedient and beneficial for the well-being of the child. The sex of the parent is not to be considered. Other factors to be considered are:

the quality of the relationship of the child with each parent
the ability of each parent to provide adequate care for each child and to relinquish care to the other parent as specified
how the child and each parent can best maintain and strengthen their relationships
how the child and each parent interact and communicate and how such may be improved
the ability and willingness of each parent to allow the other to provide care without intrusion
the geographic distances between the parents' homes
the current physical and mental ability of each parent to care for the child
any other necessary or relevant factors

If both parents are considered fit, the court may order any custody arrangement that encourages the parents to share in the rights and responsibilities of child-rearing.

Child Support After Divorce
Either parent may be ordered to pay child support. A trustee may be appointed to invest the support payments and apply the income to the support of the children. Child support payments shall be ordered to be paid through the clerk of the district court. A court may order income withholding to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Deviation from the guidelines will be allowed after a consideration of the following factors:

the age of the child
the cost of necessary childcare
any special health care or educational needs of the child
the responsibility of either parent for the support of others
the value of services contributed by either parent
any pregnancy expenses
visitation transportation costs
the ability of parents to provide health insurance through employment benefits
the amount of time the child spends with each parent
other necessary expenses for the child's benefit
the relative net income and financial condition of each parent
whether a parent has violated any terms of the divorce decree
whether either parent is voluntarily unemployed or underemployed
any other relevant factors

Wisconsin Divorce Laws

2009-08-11T02:15:00.000-07:00

Residency Requirements for Divorce in Wisconsin
One of the spouses must have been a resident of Wisconsin for 6 months and of the county for 30 days immediately prior to filing where the divorce is filed. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition.

Legal Grounds for Divorce in Wisconsin

No Fault Divorce: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by:
1. a joint petition by both spouses requesting a divorce on these grounds
2. living separate and apart for 12 months immediately prior to filing; or
3. if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation
General Divorce: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin.

Legal Separation in Wisconsin
Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce.

Simplified/Special Divorce Procedures in Wisconsin
The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. In all cases, a financial disclosure form must be filed. Also, if children are involved, an official child support form (which is available from the court clerk) must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner.

Divorce Mediation in Wisconsin
The court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend an educational program on the effects of divorce on children.

Divorce Property Distribution
Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of:

property inherited by either spouse
property received as a gift by either spouse; or
property paid for by funds acquired by inheritance or gift

The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors:

the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
the value of each spouse's separate property
the length of the marriage
the age and health of the spouses
the occupation of the spouses
the amount and sources of income of the spouses
the vocational skills of the spouses
the employability and earning capacity of the spouses
the federal income tax consequences of the court's division of the property
the standard of living established during the marriage
the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
any premarital or marital settlement agreements
any retirement benefits
whether the property award is instead of or in addition to maintenance
any custodial provisions for the children
any other relevant factor

The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage.

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:

the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
the duration of the marriage
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
the comparative financial resources of the spouses, including their comparative earning abilities
the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
the tax consequences to each spouse
the age of the spouses
the physical and emotional conditions of the spouses
the vocational skills and employability of the spouse seeking maintenance
the length of absence from the job market of the spouse seeking maintenance
the probable duration of the need of the spouse seeking maintenance
any custodial and child support responsibilities
the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
any mutual agreement between the spouses
any other relevant factor

The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court.

Spouse's Name After Divorce
Upon request, either spouse's former name may be restored.

Child Custody After Divorce
Joint or sole child custody, "legal custody and physical placement," may be awarded based on the best interests of the child and the following:

the preference of the child
the wishes of the parents
the child's adjustment to his or her home, school, religion, and community
the mental and physical health of all individuals involved
the relationship of the child with parents, siblings, and other significant family members
any findings or recommendations of a neutral mediator
the availability of childcare
any spouse or child abuse
any significant drug or alcohol abuse
whether 1 parent is likely to unreasonably interfere with the child's relationship with the other parent
any parenting plan or other written agreement between the spouses regarding the child
the amount of quality time that each parent has spent with the child in the past
any changes that a parent proposes in order to spend more time with the child in the future
the age of the child and the child's developmental and educational needs
the cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other
the need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child
any other factors [except the sex and race of the parent]

Child Support After Divorce
Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:

the financial resources of the child
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
the financial resources, earning capacity, needs, and obligations of the parents
the age and health of the child, including the need for health insurance
the desirability of the parent having custody remaining in the home as a full-time parent
the cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent
the tax consequences to each parent
the award of substantial periods of physical placement to both parents [joint custody]
any extraordinary travel expenses incurred in exercising the right to periods of physical placement
the best interests of the child
any other relevant factors

There are official guidelines and percentage standards for child support are available from the Wisconsin Department of Health and Social Services. The court may require that child support payments be guaranteed by an assignment of income, that the payments be made through the clerk of the court, or that health insurance be provided for the children. The court may also order a parent to seek employment. The court may order spousal maintenance and child support payments be combined into a "family support" payment.

West Virginia Divorce Laws

2009-08-08T02:14:00.000-07:00

Residency Requirements for Divorce in West Virginia
One of the spouses must have been a resident of West Virginia for at least 1 year immediately prior to filing. However, if the marriage was performed in West Virginia and 1 spouse is a resident when filing, there is no durational time limit. The divorce should be filed for in the county:

in which the spouses last lived together
where the defendant lives if a resident; or
where the plaintiff lives, if the defendant is a non-resident

Legal Grounds for Divorce in West Virginia

No Fault Divorce:
1. Irreconcilable differences have arisen between the spouses or
2. living separate and apart without cohabitation and without interruption for 1 year
General Divorce:
1. Adultery
2. abandonment for 6 months
3. alcoholism or drug addiction
4. confinement for incurable insanity for 3 years
5. physical abuse or reasonable apprehension of physical abuse of a spouse or of a child
6. conviction of a felony
7. cruel and inhuman treatment, including false accusations of adultery or homosexuality
8. willful neglect of a spouse or a child
9. habitual intemperance (drunkenness)

Legal Separation in West Virginia
The grounds for legal separation (separate maintenance) are the same as for divorce. One of the spouses must have been a resident of West Virginia for at least 1 year prior to filing for legal separation.

Simplified/Special Divorce Procedures in West Virginia
If 1 spouse files a verified complaint for divorce on the grounds of "irreconcilable differences," the other spouse may file a verified "answer" admitting the "irreconcilable differences" and a divorce will be granted. Circuit clerks are required to have supplies of an official "petition" and an "answer" form on hand, free of charge. No witnesses will be necessary for any proof for a divorce on the grounds of "irreconcilable differences." In other cases, witnesses will be required. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms are required to be filed.

Divorce Mediation in West Virginia
If the divorce involves a minor child, the court will order the parents to attend a parent education class to educate parents about the effects of divorce and custody disputes on children and teach parents methods to help children minimize their trauma.

Divorce Property Distribution
West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property:

acquired prior to the marriage
acquired by gift or inheritance during the marriage
any increase in value of the separate property
any property acquired in exchange for any separate property

Marital property, consisting of all other property acquired during the marriage, is to be divided equally and without regard to any marital misconduct. However, this equal division may be altered based on consideration of the following factors:

the contribution of each spouse to the acquisition, preservation, maintenance, or increase in value of the marital property, including the contribution of each spouse as homemaker and in childcare
the value of each spouse's separate property
the amount and sources of income of the spouses
the conduct of the spouses during the marriage only as it relates to the disposition of their property
the value of the labor per-formed in a family business, in the actual maintenance or improvement of tangible or intangible marital pro-perty
the contribution of 1 spouse towards the education or training of the other that has increased the income-earning ability of the other spouse
the foregoing by either spouse of employment or other income-earning activity through an understanding of the spouses or at the insistence of the other spouse
any other factor necessary to do equity and justice between the spouses

The court may, if necessary, award a spouse's separate property to the other spouse.

Alimony and Spousal Support
Either spouse may be ordered to provide the other spouse with alimony. Factors to be considered are:

whether the spouse seeking alimony is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
time and ex-pense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
duration of the marriage
comparative financial resources of the spouses, including their comparative earning abilities in the labor market
amount of time the spouses actually lived together as wife and husband
tax consequences to each spouse
age of the spouses
physical and emotional conditions of the spouses
vocational skills and employability of the spouse seeking alimony
any custodial and child support responsibilities
educational level of each spouse at the time of marriage and at the time the action for divorce is commenced
cost of education of minor children and of health care for each spouse and the minor children
distribution of marital property
any legal obligations of the spouses to support themselves or others
present employment or other income of each spouse
whether either spouse has fore-gone or postponed economic, education, or career opportunities during the marriage
standard of living during the marriage
any financial or other contribution from 1 spouse to aid the education, training, vocational skills, career, or earning capacity of the other spouse
financial needs of each spouse
any other factor the court deems just and equitable

Marital misconduct of the spouses will be considered and compared. Alimony will not be awarded to any spouse who:

was adulterous
has been convicted of a felony during the marriage; or
deserted or abandoned his or her spouse for 6 months

The court may require health and/or hospitalization insurance coverage as alimony.

Spouse's Name After Divorce
Upon request, either spouse may resume the use of his or her former name.

Child Custody After Divorce
Either parent may be awarded custody. There is a presumption in favor of the parent who has been the primary caretaker of the child.The factors for consideration are:

the stability of the child
any parenting plans or other written agreement regarding child custody
the continuity of existing parent-child relationships
meaningful contact between the child and both parents
maintaining care by parents who love the child, know how to provide for the child's needs, and place a high priority on doing so
security from exposure to physical or emotional harm
predictable decision-making and avoidance of prolonged uncertainty regarding the child's care and control
fairness between the parents [as a secondary factor]

In addition, West Virginia provides specific guidelines for preparing Parenting Plans in the statute.

Child Support After Divorce
Either parent may be required to provide periodic child support payments, including health insurance coverage. These guidelines do not take into account the economic impact of the following factors that may be possible reasons for deviation:

special needs of the child or parent, including but not limited to, the special needs of a minor or adult child who is physically or mentally disabled
educational expenses for the child or the parent
families with more than 6 children
long-distance visitation costs
if the child resides with another person
needs of another child or children to whom the parent owes a duty of support
the extent to which the parent's income depends on nonrecurring or nonguaranteed income
whether the total of spousal support, child support, and childcare costs subtracted from a parent's income reduces that income to less than the federal poverty level

One of the parents may also be granted exclusive use of the family home and all the goods and furniture necessary to help in the rearing of the children. The court may require health and hospitalization insurance coverage as child support. Provisions for income withholding shall be included in every divorce decree to guarantee the support payments. Child support guidelines are available from the West Virginia Child Advocate Office and are in the statute. These guidelines are presumed to be correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case.

Washington DC Divorce Law

2009-08-05T02:13:00.000-07:00

Residency Requirements for Divorce in Washington DC
One of the spouses must have been a resident of Washington D.C. for 6 months immediately prior to filing for divorce. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Legal Grounds for Divorce in Washington DC

No Fault Divorce:
1. Mutual voluntary separation without cohabitation for 6 months
2. living separate and apart without cohabitation for 1 year
"Living separate and apart" may be accomplished under the same roof, if the spouses do not share bed or food.
General Divorce:
1. Mutual voluntary separation without cohabitation for 6 months and
2. living separate and apart without cohabitation for 1 year are the only grounds for divorce in Washington D.C.

Legal Separation in Washington DC
Legal separation (from bed and board) may be granted on the following grounds:

adultery
cruelty
voluntary separation
living separate and apart without cohabitation

One of the spouses must have been a resident for 6 months prior to filing for legal separation. Military personnel are considered residents if they have been stationed in Washington D.C. for 6 months.

Simplified/Special Divorce Procedures in Washington DC
There are no legal provisions in Washington D.C. for simplified divorce.

Divorce Mediation in Washington DC
The court may order either or both spouses to attend parenting classes in those cases in which child custody is an issue.

Divorce Property Distribution
Washington D.C. is an "equitable distribution" jurisdiction. If there is no valid property distribution agreement, each spouse retains his or her separate property (acquired before the marriage or acquired during the marriage by gift or inheritance) and any increase in such separate property and any property acquired in exchange for such separate property. All other property, regardless of how title is held, shall be divided equitably and reasonably, based on relevant factors, including:

the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
the length of the marriage
the occupation of the spouses
the vocational skills of the spouses
the employability of the spouses
the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
the assets and debts of the spouses
any prior marriage of each spouse
whether the property award is instead of or in addition to alimony
any custodial provisions for the children
the age and health of the spouses
the amount and sources of income of the spouses

The conduct of the spouses during the marriage is not a factor for consideration.

Alimony and Spousal Support
Either spouse may be awarded alimony, during the divorce proceeding or after, if it is just or proper. There are no specific factors listed in the statute. However, martial fault may be considered.

Spouse's Name After Divorce
Upon request, the birth name or previous name may be restored.

Child Custody After Divorce
Sole or joint custody may be granted during and after a divorce proceeding based on the best interests of the child, without regard to spouse's sex or sexual orientation, race, color, national origin, or political affiliations. The following factors shall also be considered:

the preference of the child, if the child is of sufficient age and capacity
the wishes of the parents
the child's adjustment to his or her home, school, and community
the mental and physical health of all individuals involved
the relationship of the child with parents, siblings, and other significant family members
the willingness of the parents to share custody
the prior involvement of the parent in the child's life
the geographical proximity of the parents
the sincerity of the parent's request
the age and number of children
the demands of parental employment
the impact on any welfare benefits
any evidence of spousal or child abuse
the capacity of the parents to communicate and reach shared decisions affecting the child's welfare
the potential disruption of the child's social and school life
the parent's abililty to financially support a joint custody arrangement

There is a rebuttable presumption that joint interest is in the best interests of the child unless child abuse, neglect, parental kidnapping or other intrafamily violence has occurred. The court may order the parents to submit a written parenting plan for custody.

Child Support After Divorce
Either parent may be ordered to pay reasonable child support during and after a divorce proceeding. Detailed specific child support guidelines are contained in Title 16, Chapter 9, Sections 916.1 and 916.2. Variations from the official child support guidelines are allowed based on the following factors:

the child's needs are exceptional
the non-custodial parent's income is substantially less than the custodial parent's income
a property settlement between the parents provides resources for the child above the minimum support requirements
the non-custodial parent provides support for other dependents and the guideline amounts would cause hardship
the non-custodial parent needs a temporary reduction [of no longer than 12 months] in support payments to repay a substantial debt
the custodial parent provides medical insurance coverage
the custodial parent receives child support payments for other children and the custodial parent's household income is substantially greater than that of the non-custodial parent
any other extraordinary factors

Child support may be ordered to be paid through the Clerk of the Superior Court.

Washington State Divorce Laws

2009-08-02T02:05:00.001-07:00

Residency Requirements for Divorce in Washington State
The spouse filing for dissolution of marriage must be a resident of Washington or a member of the Armed Forces stationed in Washington. The dissolution of marriage may be filed for in any county where either the petitioner or respondent resides. In addition, the court will not act on the petition until 90 days has elapsed from the filing and the service of summons on the respondent.

Legal Grounds for Divorce in Washington State

No Fault Divorce: Irretrievable breakdown of the marriage.
General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Washington.

Legal Separation in Washington State
The only grounds for legal separation in Washington is the irretrievable breakdown of the marriage. The spouse filing for legal separation must be a resident of Washington or a member of the Armed Forces stationed in Washington. The court will not act on the petition until 90 days has elapsed from the filing and the service of summons on the respondent.

Simplified/Special Divorce Procedures in Washington State
All divorce cases must be filed on official Washington forms. The forms are available in printed version from the Washington Office of the Administrator for the Courts. Separation agreements are specifically authorized by law and, if fair, all portions of the agreements are binding on the court, except those relating to parental rights and responsibilities. The spouses must file a Washington Department of Health Certificate with the petition. There are also certain local court rules which apply to dissolutions of marriage. These are found in Washington Local Court Rules, Rule 94.04.

Divorce Mediation in Washington State
Upon the request of either of the spouses, or on the court's own initiative, the spouses may be referred to a counseling service of their choice. A report must be requested from the counseling service within 60 days of the referral. Contested issues relating to custody or visitation will be referred to mediation. There may also be mandatory settlement conferences if there are contested issues.

Divorce Property Distribution
Washington is a "community property" state. Each spouse retains his or her separate property, consisting of:

all property acquired prior to marriage
any gifts or inheritances
any increase in value of the separate property

"Quasi-community" property is property that is acquired while a spouse resides outside of Washington, but that would have been considered community property if acquired while they were living in Washington. "Quasi-community" property is divided as if it were community property. The court will divide the community property of the spouses, consisting of all other property acquired during the marriage, equally or equitably, after a consideration of the following:

the nature and extent of each spouse's separate property
the economic circumstances of each spouse at the time the division of property is to become effective
the length of the marriage
the nature and extent of community property
the desirability of awarding the family home and the right of occupancy for reasonable periods to the custodial parent if there are minor children

Marital misconduct is not to be considered.

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse. Marital misconduct is not to be considered. The factors for consideration are:

the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
the standard of living established during the marriage
the duration of the marriage
the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
the financial resources of the spouse seeking maintenance, including separate or community property apportioned to such spouse and such spouse's ability to meet his or her needs independently
the needs and obligations of each spouse
the age of the spouses
the physical and emotional conditions of the spouses
any child support responsibilities for a child living with the parent

Maintenance payments may be required to be paid through the clerk of the court or through the Washington State Support Registry if there are also child support payments being made.

Spouse's Name After Divorce
Upon request and for a just and reasonable cause, the wife's former or maiden name may be restored.

Child Custody After Divorce
Joint or sole child custody will be determined according to the best interests of the child. Every petition for dissolution of marriage in which a minor child is involved must include a proposed parenting plan. The parents may make an agreement regarding a parenting plan. The objectives of the parenting plan are to:

provide for the child's physical care
maintain the child's emotional stability
provide for the child's changing needs, as the child grows and matures, in a way that minimizes the need for future modifications
set out the authority and responsibility of each parent
minimize the child's exposure to harmful parental conflict
encourage the parents to reach agreements rather than go to court
otherwise protect the best interests of the child

The parenting plan should contain provisions for:

dispute resolution
a residential schedule for the child
allocation of decision-making authority relating to the child

The factors which are considered in determining decision-making authority are:

if both parents agree to mutual decision-making
the existence of any physical or sexual child or spouse abuse, neglect, or abandonment
the history of participation of each parent in the decision-making process
whether the parents have demonstrated an ability and desire to cooperate in the decision-making process
the parents' geographical proximity to each other, to the extent that it would affect their ability to make timely mutual decisions

The factors which are considered in determining residential provisions for the child are:

the strength, nature, and stability of the child's relationship with each parent, including the parent's performance of daily parental functions
any spouse or child abuse, neglect, or substance abuse
the history of participation of each parent in child-rearing
the wishes of the parents
the wishes of the child, if of sufficient age and maturity to express an opinion
the child's relationship with siblings and other significant family members
any agreement between the parties

Factor (1) is to be given the most weight. A mandatory settlement conference may be required.

Equal-time alternating residential provisions will only be ordered if:

there is no child or spouse abuse, neglect, abandonment, or substance abuse
the parents have agreed to such provisions
there is a history of shared parenting and cooperation
the parents are available to each other, especially in terms of geographic location
the provisions are in the best interests of the child

The court may order an investigation concerning parenting arrangements for the child.

Child Support After Divorce
Either parent may be ordered to pay child support. Marital misconduct is not a factor to be considered. All relevant factors may be considered. Official child support guidelines and worksheets are available from the Washington Department of Social and Health Services and from the clerk of the court. The official guidelines are presumed to be correct, unless there is a showing that the amount is unjust or inappropriate under the particular circumstances of a case. Mandatory wage assignments may be required if the child support payments are over 15 days past due. Child support payments may be required to be paid through the Washington State Support Registry or directly to the parent, if an approved payment plan is accepted by the court. The court may require either parent to provide health insurance coverage for the child.

Virginia Divorce Laws

2009-07-25T02:03:00.000-07:00

Residency Requirements for Divorce in Virginia
One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for divorce. The divorce may be filed for in: (1) the county or city in which the spouses last lived together or (2) at the option of the plaintiff: [a] the county or city where the defendant resides, if the defendant is a resident of Virginia or [b] if the defendant is a non-resident of Virginia, the county or city where the plaintiff resides.

Legal Grounds for Divorce in Virginia

No Fault Divorce:
1. Living separate and apart without cohabitation for 1 year (or)
2. living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement
General Divorce:
1. Adultery, including homosexual acts
2. abandonment
3. conviction of a felony and imprisonment for 1 year
4. cruelty
5. willful desertion

Legal Separation in Virginia
The grounds for legal separation are:

cruelty
willful desertion
abandonment
reasonable apprehension of bodily injury

One of the spouses must have been a resident of Virginia for at least 6 months prior to filing for legal separation.

Simplified/Special Divorce Procedures in Virginia
Separation agreements are specifically authorized by statute and will reduce the time required for living apart by 6 months. In addition, a spouse may waive service of process, but the waiver of service of process form must be signed in front of the clerk of the court. The testimony of either spouse must also, generally, be corroborated by a witness.

Divorce Mediation in Virginia
There are no legal provisions in Virginia for divorce mediation.

Divorce Property Distribution
Virginia is an "equitable distribution" state. The separate property of each spouse, consisting of:

property acquired prior to the marriage
any gifts and inheritances
any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases
any property acquired in exchange for separate property; will be retained by the spouse who owns it

The marital property, consisting of:

all property acquired during the marriage that is not separate property
all property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties
income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts
any separate property which is commingled with marital property and cannot be clearly traced; will be divided equitably by the court

The court may also order a payment from 1 spouse's retirement benefits, profit-sharing benefits, personal injury award, or worker's compensation award, to the other spouse. The factors for consideration are:

the contribution of each spouse to the acquisition, care, and maintenance of the marital property
the liquid or non-liquid character of the property
the length of the marriage
the age and health of the spouses
the tax consequences
any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities
how and by whom the property was acquired
the circumstances that contributed to the divorce
the contributions, monetary and non-monetary, of each spouse to the well-being of the family
any other factor necessary to do equity and justice between the spouses

Alimony and Spousal Support
Either spouse may be awarded maintenance, to be paid in either a lump sum, periodic payments, or both. The factors for consideration are:

the opportunity, ability and time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity
the standard of living established during the marriage
the duration of the marriage
the financial resources of the spouses, including marital property apportioned to such spouse
the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
the tax consequences to each spouse
the age of the spouses
the physical and emotional conditions of the spouses
the educational level of each spouse at the time of the marriage and at the time the action for support is commenced
the property of the spouses
the circumstances which contributed to the divorce
the extent to which the age, condition, or circumstances of any child of the spouses makes it appropriate that the custodial spouse not seek outside employment
any income from pension, profit-sharing, or retirement plans
any contributions by either spouse to the well-being of the family
the earning capacity of the spouses, including the skills, education, and training of the spouses and their employment opportunities
any decisions made during the marriage regarding employment, career, education, and parenting that affected a spouse's earning potential, including the length of time absent from the job market
any other factor the court deems just and equitable

However, permanent maintenance will not be awarded to a spouse who was at fault in a divorce granted on the grounds of adultery, unless such a denial of support would be unjust.

Spouse's Name After Divorce
Upon request, a spouse may have his or her former name restored.

Child Custody After Divorce
Joint or sole child custody will be awarded based on the welfare of the child, and upon a consideration of the following factors:

the age of the child
the child's preference
the needs of the child
the love and affection existing between the child and each parent
the mental and physical health of all individuals involved
the material needs of the child
the role each parent has played in the care of the child
any other factors necessary for the best interests of the child

No preference is to be given to either parent.

Child Support After Divorce
Child support may be ordered to be paid by either parent, and is based on a consideration of the following factors:

the financial resources of the child
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
the earning capacity of each parent
the age and health of the child
the division of marital property
the monetary or non-monetary contributions of the parents to the family's well-being
the education of the parents
the ability of the parents to secure education and training
the income tax consequences of child support
any special medical, dental, or childcare expenses
the obligations, needs, and financial resources of the parents
any other relevant factors

Official child support guide-lines are provided in the statute, which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case based on the factors above [(1) through (13)] and the following additional factors:

support provided for other children or family members
custody arrangements
voluntary unemployment or under-employment, unless it is the custodial parent and the child is not in school, childcare services are not available, and the cost of childcare services are not included in the computations for child support
debts incurred during the marriage for the benefit of the child
debts incurred for the purpose of producing income
direct court-ordered payments for health insurance or educational expenses of the child
any extraordinary capital gains, such as gains from the sale of the marital home

Vermont Divorce Laws

2009-07-18T02:01:00.000-07:00

Residency Requirements for Divorce in Vermont
Either spouse must have been a resident of Vermont for at least 6 months before the divorce is filed. Additionally, either spouse must have been a resident for 1 year before the divorce is made final. In cases involving child custody, there is a 6-month waiting period after the defendant has been served with the divorce papers before a hearing will be held. The divorce may be filed for in any county where either or both of the spouses reside.

Legal Grounds for Divorce in Vermont

No Fault Divorce: Living separate and apart without cohabitation for 6 consecutive months and the resumption of marital relations is not reasonably probable.
General Divorce:
1. Adultery
2. imprisonment for 3 years or more or for life
3. willful desertion for 7 years
4. cruel and inhuman treatment of intolerable severity
5. incurable mental illness
6. gross neglect

Legal Separation in Vermont
The grounds for legal separation (divorce from bed and board) are:

living separate and apart without cohabitation for 6 months
adultery
imprisonment for 3 years or more or for life
willful desertion for 7 years
cruel and inhuman treatment of intolerable severity
incurable mental illness
gross neglect

Either spouse must be a resident of Vermont for 6 months before filing for legal separation.

Simplified/Special Divorce Procedures in Vermont
Standard forms for filing of the complaint or petition are available. There are no legal provisions in Vermont for simplified divorce procedures. In all divorce cases in Vermont, a hearing is required and oral testimony of witnesses is required. However, in cases involving children, the court may, without a hearing, accept the written agreement of the parents regarding the children. An official statistical data sheet must also be filed with the Complaint and a statement of income and assets must be filed.

Divorce Mediation in Vermont
If 1 of the spouses denies under oath that they have lived apart for the required period, the court may delay the proceedings for 30 to 60 days and suggest that the spouses seek counseling.

Divorce Property Distribution
Vermont is an "equitable distribution" state. All of the spouses' property is subject to being divided on an equitable basis, regardless of when it was acquired or how the title is held, including any gifts and inheritances. The factors to be considered are:

the contribution of each spouse to the acquisition of the property, including the contribution of each spouse as homemaker
the value of each spouse's property
the length of the marriage
the age and health of the spouses
the occupation of the spouses
the amount and sources of income of the spouses
the vocational skills of the spouses
the employability of the spouses
the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
whether the property award is instead of or in addition to maintenance
how and by whom the property was acquired
the merits of each spouse
the burdens imposed upon either spouse for the benefit of the children
any custodial provisions for the children, including the desirability of awarding the family home to the parent with custody of any children
the conduct of the spouses during the marriage
the contribution by 1 spouse to the education, training, or increased earning power of the other

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other, without regard to marital fault. The maintenance may be rehabilitative (temporary) or permanent and will be awarded if the court finds that the spouse seeking maintenance:

lacks sufficient income or property to provide for his or her reasonable needs
is unable to support himself or herself through appropriate employment at the standard of living established during the marriage and is the custodian of any children

The factors to be considered are:

the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
the standard of living established during the marriage
the duration of the marriage
the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
the financial resources of the spouse seeking maintenance, including property apportioned to such spouse and such spouse's ability to meet his or her needs independently
the age of the spouses
the physical and emotional conditions of the spouses
the effects of inflation on the cost of living

The court may require security for any maintenance payments.

Spouse's Name After Divorce
A wife may resume the use of her former or maiden name upon divorce, unless a good cause is shown why she should not.

Child Custody After Divorce
Joint or sole child custody may be awarded based on the best interests of the child and upon a consideration of all relevant factors, including the following:

the wishes of the parents
the child's adjustment to his or her home, school, and community
the relationship of the child with parents, siblings, and other significant family members
the ability and disposition of each parent to provide love, affection, and guidance
the ability of each parent to provide food, clothing, medical care, other material needs, and a safe environment
the ability of each parent to meet the child's present and future developmental needs
the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact unless it will result in harm to the child or parent
the quality of the child's relationship with the primary care provider, given the child's age and development
the ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the children where parental rights and responsibilities are to be shared

Neither parent is assumed to have a superior right to have custody. No preference to be given because of parent's sex.

Child Support After Divorce
Either or both of the parents may be required to pay child support, based on a consideration of the following factors:

the financial resources of the child
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
the financial resources, needs, and obligations of both the non-custodial and the custodial parent
inflation with relation to the cost of living
the costs of any educational needs of either parent
any travel expenses related to parent-child contact
any other relevant factors

Health insurance coverage for the child may be ordered to be provided. The court may require security or wage withholding. Every order of child support must be made subject to a wage assignment in the event of delinquency and require the payments to be made to the registry in the Office of Child Support, unless the situation falls under an exception to the rules shown in Vermont Statutes Annotated; Title 33, Section 4103. There are official child support guidelines available from the Vermont Department of Human Services which are presumed to be correct, unless they are shown to be unfair under the circumstances. There is an official child support computation worksheet available.

Utah Divorce Laws

2009-07-04T01:59:00.000-07:00

Residency Requirements for Divorce in Utah
The spouse filing for divorce must have been a resident of Utah (or a member of the Armed Forces stationed in Utah) and a resident for more than 3 months immediately prior to filing of the county where the divorce is filed. In addition, there is a 90-day waiting period after filing before a divorce will be granted.

Legal Grounds for Divorce in Utah

No Fault Divorce:
1. Irreconcilable differences of the marriage or
2. living separate and apart without cohabitation for 3 years under a judicial decree of separation
General Divorce:
1. Impotence
2. adultery
3. conviction of a felony
4. willful desertion for 1 year
5. cruel and inhuman treatment
6. willful neglect
7. incurable insanity
8. habitual intemperance (drunkenness)

Legal Separation in Utah
The grounds for legal separation are:

willful desertion
living separate and apart without cohabitation
gross neglect

The deserting spouse must be a resident of Utah, or own property in the state in which the deserted spouse lives.

Simplified/Special Divorce Procedures in Utah
Uncontested divorce hearings may be held before a court commissioner. However, a divorce cannot be granted upon default, and legal evidence and testimony must be taken in every divorce case. However, in a default case, the evidence may be contained in an affidavit of the petitioner. In addition, a sample Petition for Divorce is contained in Utah Rules of Civil Procedure, Appendix of Forms, Form #18. Finally, a financial verification form is also required in child support cases.

Divorce Mediation in Utah
There is a 90-day waiting period after filing for divorce before any hearing may be held. Upon the request of either or both of the spouses (shown by filing a Petition for Conciliation with the court), the court may refer both of the spouses to a domestic relations counselor. If child custody is involved, both parents must attend a course in the effects of divorce on children. This requirement may be waived if the court determines that it is unnecessary.

Divorce Property Distribution
Utah is an "equitable distribution" state. All of the spouse's property, including gifts, inheritances, and any property acquired prior to or during the marriage, will be divided equitably by the court. There are no factors for consideration specified in the statute.

Alimony and Spousal Support
Either spouse may be ordered to pay an equitable amount of alimony to the other. The following factors are to be considered:

the financial condition and needs of the recipient spouse
the recipient's earning capacity and ability to produce income
the ability of the paying spouse to provide support
the length of the marriage
the standard of living at the time of separation
any marital fault of the spouses
if the marriage has been of long duration and the marriage dissolves on the threshold of a major change in the income of 1 of the spouses
if 1 spouse's earning capacity has been greatly enhanced by the other's efforts
any other relevant factors

In general, the court will not award alimony for a period longer than the marriage existed. Alimony terminates upon remarriage or cohabitation with another person.

Spouse's Name After Divorce
There is no statutory provision in Utah for restoration of a wife's maiden name upon divorce. However, there is a general statutory provision for changing a name upon petition to the court.

Child Custody After Divorce
Joint or sole child custody is determined according to the best interests of the child and after a consideration of the following factors:

the past conduct and moral standards of the parents
the welfare of the child
the child's preference if the child is at least 12 years of age
which parent is likely to act in the best interests of the child
which parent is likely to allow frequent and continuing contact with the other parent

There is a presumption that a spouse who has been abandoned by the other spouse is entitled to custody of the children. If there is an allegation of child abuse by either spouse, the court must order an investigation by the Division of Family Services or the Utah Department of Human Services. Joint custody may be ordered if:

it will be in the best interests of the child and
both parents agree to joint custody; or
both parents appear capable of implementing joint custody

and it is based upon a consideration of the following factors:

whether the physical, psychological, or emotional needs and development of the child will benefit
the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interests
whether each parent can encourage and accept a positive relationship between the child and the other parent
whether both parents participated in child-rearing before the filing of the divorce
the geographical proximity of the homes of the parents
if the child is of sufficient age and maturity, the preference of the child
the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents
any other factor that the court finds relevant

The court may not discriminate against a parent with a disability when considering custody issues. The court may order that dispute resolution be attempted prior to any enforcement or modification of custody terms. There are also advisory visitation guidelines in the statutes.

Child Support After Divorce
Either or both parents may be ordered to provide child support, including medical and dental expenses and health insurance. The court may also order the non-custodial parent to provide daycare and childcare expenses while the custodial parent is at work or undergoing training. Income withholding may be ordered by a court to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Factors for consideration in awarding support amounts outside the guidelines are:

the standard of living and situation of the parties
the relative wealth and income of the parties
the earning abilities of the parents
the needs of the parents and the child
the ages of the parents and the child
the responsibilities of the parents for the support of others

A child support worksheet is contained in the statute. In addition, a financial verification form is also required.

Texas Divorce Laws

2009-07-03T01:56:00.000-07:00

Residency Requirements for Divorce in Texas
One of the spouses must have resided in Texas for 6 months prior to filing and 90 days prior to filing in the county where the divorce is filed. In addition, there is a 60-day waiting period after filing before a divorce will be granted.

Legal Grounds for Divorce in Texas

No Fault Divorce:
1. The marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation (or)
2. living separate and apart without cohabitation for 3 years
General divorce:
1. Adultery
2. abandonment
3. confinement for incurable insanity for 3 years
4. conviction of a felony and imprisonment for over 1 year
5. cruel and inhuman treatment

Legal Separation in Texas
Separation agreements are expressly authorized by statute.

Simplified/Special Divorce Procedures in Texas
Separation agreements and property settlements are expressly authorized, including agreements regarding conservatorship and child support provisions.

Divorce Mediation in Texas
It is the official policy of the state of Texas to promote amicable and non-judicial settlements of issues regarding children and families. Upon written agreement of the spouses or the court's own decision, the court may refer the divorce proceeding to mediation. The mediated settlement of the case is binding if it is signed by the spouses, any attorneys of the spouses, and provides that the agreement is not subject to revocation. In addition, upon request, the court can order both spouses to consult a marriage counselor. If the counselor's report indicates a reasonable expectation of reconciliation, the court can order further counseling for up to 60 additional days. Upon every filing for divorce, the court clerk is required to furnish a statement to the person filing regarding the availability of marital counseling services. In addition, if there has been a history of conflict and difficulties in resolving questions of access to any children, the court may order either parent to participate in counseling.

Divorce Property Distribution
Texas is a "community property" state. The spouse's separate property, consisting of:

any property owned prior to the marriage
any property acquired during the marriage by gift or inheritance
any recovery for personal injuries which occurred during the marriage, will be retained by the spouse who owns it

The "community" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. In addition, the court may divide property acquired by either spouse while residing outside of Texas which would have been community property if they had acquired it while residing in Texas. The only factors for consideration specified in the statute are a due regard for the rights of each party and any children. Any property possessed by either spouse during the marriage is presumed to be community property unless it can be shown that the property is actually separate property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.

Alimony and Spousal Support
The court may award maintenance for a spouse only if:

the spouse from whom maintenance is requested has been convicted of family violence within 2 years before the suit for dissolution or
the duration of the marriage was 10 years or longer and the spouse seeking maintenance:
- lacks sufficient property to provide for his or her reasonable minimum needs
- is unable to support himself or herself through employment because of an incapacitating physical or mental disability
- is the custodian of a child who requires substantial care and supervision because of a physical or mental disability which makes it necessary that the spouse not be employed outside the home
- clearly lacks earning ability in the labor market adequate to provide for the spouse's minimum reasonable needs

If the court determines that a spouse is eligible for maintenance, the following factors are then considered in the award:

the financial resources of the spouse seeking maintenance, including both separate and community property and liabilities
the spouse's ability to meet his or her needs independently
the education and employment skills of the spouses
the time necessary for the supported spouse to acquire sufficient training or education to enable him or her to find employment
the availability and feasibility of that training
the duration of the marriage
the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
the ability of the supporting spouse to meet their own needs and make any child support payments
excessive or abnormal expenditures, concealment, or destruction of any property by either spouse
the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and any separate property
the contribution of 1 spouse to the education, training, or increased earning power of the other spouse
the contribution of either spouse as homemaker
any marital misconduct of the spouse seeking maintenance
the efforts of the spouse seeking maintenance to seek employment counseling
any property brought to the marriage

The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse's monthly gross income.

Spouse's Name After Divorce
Upon request, the name of either spouse may be changed.

Child Custody After Divorce
Joint or sole managing conservatorship (custody) is determined according to the best interests of the child. The sex of the parents is not a factor for consideration. The wishes of the child may be considered. The factors to be considered in determining the terms and conditions for possession of a child by the possessory conservator (parent with visitation) are as follows:

the age, circumstances, needs, and best interests of the child
the circumstances of the parents
evidence of any spouse or child abuse
any other relevant factor

The factors specified in the statute for consideration in decisions regarding joint managing conservatorship are:

whether the physical, psychological, or emotional needs and development of the child will benefit
the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
whether each parent can encourage and accept a positive relationship between the child and the other parent
whether both parents participated in child rearing before the filing of the suit
the geographical proximity of the homes of the parents
if the child is 14 years old or older, the preference of the child
any other relevant factor

The court may not award joint managing conservatorship is there is any credible evidence of spousal or child abuse or neglect. Parents may file a written agreement with the court regarding joint managing conservatorship. The court will award joint managing conservatorship based on an agreement between the parents if the agreement: (1) establishes the county of residence of the child; (2) states the rights and duties of each parent regarding the child's present and future care, support, and education; (3) includes provisions to minimize disruption of the child's schooling, daily routine, and association with friends; (4) was entered into voluntarily and knowingly; and (5) is in the best interests of the child. In addition, there are standard terms for a court's order on a child's conservatorship set out in the statute that are presumed to be the minimum allowable time that the parent who is not awarded the primary physical residence of the child is to have the child.

Child Support After Divorce
Either or both parents may be ordered to make periodic, lump-sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child. The factors for consideration are:

the age and needs of the child
the ability of the parents to contribute to the support of the child
any financial resources available for the support of the child
the amount of possession and access to the child
the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed
any childcare expenses necessary for the employment of either parent
whether a parent has custody of another child and any child support expenses being paid or received for the care of another child
the amount of alimony being currently paid or received
provisions for health care
any educational or health care needs of the child, including college expenses
any benefits a parent receives from an employer
any debts or obligations of a parent
any wage or salary deductions of the parents
the cost of traveling to visit the child
any positive or negative cash flow from any assets, including a business or investments
any provisions for health care or insurance
any special or extraordinary educational, health care, or other expenses of the parents or the child
whether either parent has a car or housing furnished by an employer or other person or business
any other relevant factor

The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support.

Tennessee Divorce Laws

2009-07-02T01:55:00.000-07:00

Residency Requirements for Divorce in Tennessee
The spouse seeking divorce must have been a resident of Tennessee when the grounds for divorce arose. If the grounds for divorce arose outside of Tennessee and the petitioner resided outside of Tennessee, either spouse must have been a resident for 6 months prior to filing. The divorce may be filed for in any of the following counties: (1) the county in which both spouses lived at the time of their separation; (2) the county in which the respondent lives if he or she is a resident of Tennessee; or (3) the county in which the petitioner lives if the respondent is a non-resident of Tennessee.

Legal Grounds for Divorce in Tennessee

No Fault Divorce:
1. Irreconcilable differences if:
  - there has been no denial of this ground
  - the spouses submit a properly signed marital dissolution agreement
  - this grounds for divorce is combined with a general fault-based grounds
2. living separate and apart without cohabitation for 2 years when there are no minor children
General Divorce:
1. Impotence
2. adultery
3. conviction of a felony and imprisonment
4. alcoholism or drug addiction
5. wife is pregnant by another at the time of marriage without husband's knowledge
6. willful desertion for 1 year
7. bigamy
8. endangering the life of the spouse
9. conviction of an infamous crime
10. refusing to move to Tennessee with a spouse and willfully absenting oneself from a new residence for 2 years
11. cruel and inhuman treatment or unsafe and improper marital conduct
12. indignities that make the spouse's life intolerable
13. abandonment, neglect, or banning the spouse from the home

Legal Separation in Tennessee
The grounds for legal separation (divorce from bed and board) are the same as for a divorce. If the legal separation has been in effect for 2 years and the spouses have not reconciled, either spouse may request that the separation be converted to an absolute divorce.

Simplified/Special Divorce Procedures in Tennessee
If the divorce is based on irreconcilable differences, the spouses may enter into a notarized marital settlement agreement. The agreement must:

make specific reference to a pending divorce by the name of the court and the docket number (or)
state that the respondent is aware that a divorce will be filed for in the state of Tennessee (and)
state that the respondent waives service of process and waives filing an answer

The waiver of service will be valid for 120 days after the respondent signs the agreement and will constitute a general appearance by the respondent and give the court personal jurisdiction over the respondent and will constitute a default judgment. The petition for divorce must have been on file for over 60 days before a hearing will be held if the spouses have no minor children and 90 days if they have any minor children. The spouses must make adequate and sufficient provisions in their marital settlement agreement for the care and custody of any minor children and for an adequate settlement of their property. The spouses may also make provisions in their settlement for alimony. A final decree may be entered without any corroborating proof or testimony by the petitioner or respondent. If the respondent contests or denies that there are irreconcilable differences, a divorce may not be granted on those grounds, unless there is a valid marital settlement agreement. Some counties may require the respondent to sign any appearance and waiver form before the court clerk for it to be valid. In addition, in any petition for divorce, the wife's maiden name must be stated and the race and color of each spouse must be stated. Financial affidavits may also be required.

Divorce Mediation in Tennessee
Upon request, the court may delay a divorce proceeding to allow an attempt at reconciliation. In addition, in those cases which involve child custody considerations, the court may order either or both parents to an educational seminar concerning the effects of divorce on children.

Divorce Property Distribution
Tennessee is an "equitable distribution" state. The separate property of each spouse is retained by that spouse. Separate property is property that was:

acquired prior to marriage
by gift or inheritance
in exchange for any separate property
obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation

The marital property, including:

any property acquired during the marriage by either spouse
any increase in value of any property to which the spouses contributed to the upkeep and appreciation
any retirement benefits

is divided by the court, without regard to any marital fault, and after a consideration of the following factors:

the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent
the value of each spouse's property at the time of the marriage and at present
the economic circumstances of each spouse at the time the division of property is to become effective
the length of the marriage
the age and health of the spouses
the vocational skills of the spouses
the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
the federal income tax consequences of the court's division of the property
the present and potential earning capability of each spouse
the tangible and intangible contributions made by 1 spouse to the education, training, or increased earning power of the other spouse
the relative ability of each party for the future acquisition of capital and income
the employability and earning capacity of the spouses
any social security benefits
any other factors necessary to do equity and justice between the spouses

Alimony and Spousal Support
Spousal support may take the form of lump sum, periodic, or rehabilitative support. Tennessee favors rehabilitative support; however, if this is not feasible, the court may grant long-term alimony until the death or remarriage of the supported spouse. Spousal support may be awarded to either spouse, based on a consideration of the following:

the value of any separate property and the value of the spouse's share of any marital property
whether the spouse seeking alimony is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
the need for sufficient education and training to enable the spouse to find appropriate employment
the standard of living during the marriage
the duration of the marriage
the comparative financial resources of the spouses, including their comparative earning abilities in the labor market and any retirement, pension, or profit-sharing benefits
the needs and obligations of each spouse
the tangible and intangible contributions of each spouse to the marriage, including services rendered in homemaking, childcare, and contributions to the education, earning capacity, and career-building of the other spouse
the relative education and training of the spouses and the opportunity of each party to secure education and training
the age of the spouses
the physical and mental condition of the spouse
the tax consequences to each spouse
the usual occupation of the spouses during the marriage
the vocational skills and employability of the spouse seeking alimony
the conduct of the spouses during the marriage
any other factor the court deems just and equitable

The court may require that spousal support payments be made through the clerk of the court. Spousal support payments may include expenses of job training and education.

Spouse's Name After Divorce
There is no statutory provision in Tennessee for the restoration of a wife's name upon divorce. However, case law provides that a wife may resume the use of her former or maiden name

Child Custody After Divorce
Joint or sole custody is awarded according to the best interests of the child and considering the child's preference. There is a presumption that joint custody is in the best interests of the child when the parents have an agreement to that effect or agree in open court to joint custody. There is no presumption that either parent is more suited to obtain custody. However, if the child is of tender years, the sex of the parent seeking custody is a factor which may be taken into consideration. Custody will be granted based on the best interests of the child and a consideration of the following:

the love, affection, and emotional ties between the parents and child
the importance of continuity and the length of time the child has lived in a stable and satisfactory environment
whether there has been any domestic violence or physical or mental abuse to the child, spouse, or any other person and whether a parent has had to relocate to avoid such violence
the stability of the family unit
the mental and physical health of the parents
the home, school, and community record of the child
the reasonable preference of a child over 12 years of age
the character and behavior of any person who lives in or visits the parent's home and such person's interactions with the child
each parent's past and potential performance of parenting duties, including a willingness and ability to facilitate and encourage a close and continuing parent-child relationship with the other parent

Child Support After Divorce
Either or both of the parents may be ordered to provide child support. The factors for consideration are as follows:

the financial resources of the child
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
the financial resources, needs, and obligations of the parents
the earning capacity of each parent
the age and health of the child
the monetary and non-monetary contributions of each parent to the well-being of the child
any pension or retirement benefits of the parents
whether the non-custodial parent's visitation is over 110 days per year or under 55 days per year
any other relevant factors

The court may require that health insurance coverage be provided for the child or that the spouse to who is to pay the support maintain a life insurance policy for the benefit of the child. The court can require that the child support payments be paid through the clerk of the court. The posting of bond, wage assignments, and wage withholding may also be ordered. There are official Tennessee Supreme Court child support guidelines which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case. Standardized forms for determining child support are also available.

South Dakota Divorce Laws

2009-07-01T01:43:00.000-07:00

Residency Requirements for Divorce in South Dakota
The spouse filing for divorce must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the divorce is final. There is no durational residency requirement. The divorce may be filed for in the county where either spouse resides, but the defendant has the right to have it transferred to his or her county of residence if desired. In addition, there is a 60-day waiting period after filing before a hearing will be held or the divorce will be granted.

Legal Grounds for Divorce in South Dakota

No Fault Divorce: Irreconcilable differences which have caused the irretrievable breakdown of the marriage.
General Divorce:
1. Adultery
2. conviction of a felony
3. willful desertion
4. cruel and inhuman treatment
5. willful neglect
6. habitual intemperance

Legal Separation in South Dakota
The grounds for legal separation (separate maintenance) in South Dakota are the same as for divorce. The spouse filing for legal separation must be a resident of South Dakota or a member of the Armed Forces stationed in South Dakota at the time of the filing and must remain a resident until the legal separation is final.

Simplified/Special Divorce Procedures in South Dakota
If both spouses consent to the use of "irreconcilable differences" as the grounds for divorce, the court may grant the divorce based entirely on affidavits of the spouses which establish the required residency and grounds for the divorce. In such cases, a personal appearance in court by either of the spouses will not generally be required.

Divorce Mediation in South Dakota
If the court determines that there is a reasonable possibility for reconciliation between the spouses, the divorce proceedings can be delayed for up to 30 days while the spouses seek counseling.

Divorce Property Distribution
South Dakota is an "equitable distribution" state. All of the spouse's property is equitably divided by the court. Marital fault is not to be considered unless it is relevant to the acquisition of property during the marriage. The only factor specified in the statute is a consideration of the equity and circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:

the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
the value of each spouse's property
the length of the marriage
the age and health of the spouses
the present and potential earning capability of each spouse
the value of the property
the income-producing capacity of the spouse's assets

Alimony and Spousal Support
Either spouse may be awarded maintenance for life or a shorter period. The only factor specified in the statute is a consideration of the circumstances of the spouses. South Dakota courts have interpreted this to include the following factors for consideration:

the duration of the marriage
the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
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
the comparative financial resources of the spouses, including their comparative earning abilities in the labor market
the age of the spouses
the physical and emotional conditions of the spouses
the fault of the spouses during the marriage

Reasonable security may be required to guarantee the payment of maintenance.

Spouse's Name After Divorce
Upon request or on the court's own initiative, a wife's former or maiden name may be restored.

Child Custody After Divorce
Sole or joint child custody is to be awarded based on the discretion of the court and the best interests of the child. Fault is not to be considered unless it is relevant to the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent's sex. The preference of the child may be considered. In joint custody decisions, the court may consider the expressed desires of the parents and the best interests of the child. No other specific factors are specified. There are specific Child Visitation Guidelines established by the South Dakota Supreme Court which shall be used to establish visitation schedules, unless the parents provide a signed agreement providing otherwise.

Child Support After Divorce
Either or both parents may be ordered to provide child support. There is an official child support obligation schedule set forth in the statute. Deviation from the official schedule may be based on a consideration of the following factors:

the financial condition of either parent that would make application of the schedule inequitable
income tax consequences
any special needs of the child
income from other persons
the effect of custody and visitation provisions
childcare expenses necessary to obtain employment, education, or training
agreements between the parents which provide other forms of support for the direct benefit of the child
a voluntary reduction in the income of either parent
any other support obligations of a parent

The support payments may be ordered to be paid through the court clerk. Wage withholding orders may also be ordered.

South Carolina Divorce Laws

2009-06-11T01:39:00.000-07:00

Residency Requirements for Divorce in South Carolina
The spouse filing for divorce must have been a resident of South Carolina for at least 1 year, unless both spouses are residents, in which case the spouse filing must only have been a resident for 3 months. There is a required 90-day delay from the time of filing to the time of the final decree of divorce. The divorce may be filed for in:

the county where the defendant resides
the county where the plaintiff resides if the defendant does not live in South Carolina or cannot be found (or)
the county where the spouses last lived together if both still live in South Carolina

Legal Grounds for Divorce in South Carolina

No Fault Divorce: Living separate and apart without cohabitation for 1 year.
General Divorce:
1. Adultery
2. alcoholism and/or drug addiction
3. physical cruelty
4. willful desertion for 1 year

Legal Separation in South Carolina
South Carolina authorizes legal separation (separate maintenance).

Simplified/Special Divorce Procedures in South Carolina
The court is authorized to develop and make available sample or mandatory forms for use in divorce matters. These may be available locally from the clerk of the court.

Divorce Mediation in South Carolina
The court may refer the spouses to a referee, who must make an honest effort to bring about a reconciliation between the spouses. In such cases, no divorce may be granted unless certified by the judge or the referee that the reconciliation efforts were unsuccessful. No final decree will be granted until 3 months after the initial filing of the complaint.

Divorce Property Distribution
South Carolina is an "equitable distribution" state. Each spouse is entitled to keep his or her non-marital property, consisting of property:

which was acquired prior to the marriage
acquired by gift or inheritance
acquired in exchange for non-marital property
was acquired due to an increase in the value of any non-marital property

All other property acquired during the marriage is subject to division, based on a consideration of the following factors:

the duration of the marriage
the age of the spouses
any marital misconduct
any economic misconduct
the value of the marital property
the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
the income of each spouse
the earning potential of each spouse and the opportunity for the future acquisition of capital assets
the physical and emotional health of each spouse
the needs of each spouse for additional training or education in order to achieve his or her earning potential
the non-marital property of each spouse
any retirement benefits
whether alimony has been awarded
the desirability of awarding the family home to the spouse having custody of any children
the tax consequences
any other support obligations of either spouse
any marital debts of the spouses
any child custody arrangements
any other relevant factors

Alimony and Spousal Support
Either spouse may be awarded alimony. The factors for consideration are:

the duration of the marriage and the ages of the spouses when married and when divorced
the physical and emotional conditions of the spouses
the educational background of each spouse and the need of additional training or education to reach the spouse's income potential
the employment history and earning capacity of each spouse
the standard of living during the marriage
the current and expected earnings of each spouse
the marital and separate property of each spouse
the custody of any children and its effect on the ability of the custodial spouse to work full-time
any marital misconduct
any tax consequences
any prior support obligations
the current and expected expenses and needs of both spouses
any other relevant factors

The court may require the posting of bond as security for the payment of alimony and may require a spouse to carry life insurance and name the other spouse as beneficiary.

Spouse's Name After Divorce
Upon request, the court may allow a spouse to resume the use of his or her former name.

Child Custody After Divorce
In awarding child custody, the factors for consideration are as follows:

the circumstances of the spouses
the nature of the case
the religious faith of the parents and child
the welfare of the child
the best spiritual and other interests of the child

The parents both have equal rights regarding any award of custody of children.

Child Support After Divorce
Both parents have joint responsibility for child support. The court may require income withholding for the guarantee of child support payments. There are official child support guidelines which are presumed to be correct unless 1 of the following factors requires a deviation from the amount:

educational expenses for the child or a spouse
the equitable distribution of property
any consumer debts
if the family has more than 6 children
unreimbursed extraordinary medical or dental expenses of either parent
mandatory retirement deductions of either parent
support obligations for other dependents
unreimbursed extraordinary medical or dental expenses of the child
other court-ordered payments
any available income of the child
a substantial disparity in the income of the parents which makes it impractical for the non-custodial parent to pay the guideline amount
the effect of alimony on the circumstances
any agreements between the spouses, if in the best interests of the child

Rhode Island Divorce Laws

2009-06-10T01:36:00.000-07:00

Residency Requirements for Divorce in Rhode Island
Either spouse must have been a resident of Rhode Island for 1 year prior to filing for divorce. The divorce may be filed for in the county of residence of the plaintiff, unless the 1-year residency requirement has been satisfied by the defendant's residence. In such case, the divorce must be filed for in the county of the defendant's residence.

Legal Grounds for Divorce in Rhode Island

No Fault Divorce:
1. Irreconcilable differences which have caused the irremediable breakdown of the marriage (or)
2. living separate and apart without cohabitation for 3 years
General Divorce:
1. Impotence
2. adultery
3. abandonment and presumed dead
4. alcoholism and/or drug addiction
5. willful desertion for 5 years (or less within the discretion of the court)
6. cruel and inhuman treatment
7. bigamy
8. gross neglect

Legal Separation in Rhode Island
Legal separation (or divorce from bed and board) may be granted for the same grounds as that required for a divorce. The spouse seeking legal separation must have been a resident for a period of time that the court deems proper.

Simplified/Special Divorce Procedures in Rhode Island
A court hearing will be required in all divorce cases. An official Financial Statement must be filed in all divorce cases. In addition, an official Child Support Guidelines form must be filed in all cases involving minor children. Official sample forms are available for use in preparing the Complaint for Divorce and other documents are found in Rhode Island Rules of Procedure for Domestic Relations, Appendix of Forms.

Divorce Mediation in Rhode Island
In cases which involve child custody or visitation, the court may direct the parents to participate in mediation in an effort to resolve any differences. There is an official Family Court counseling form which must be filed with the Complaint for Divorce.

Divorce Property Distribution
Rhode Island is an "equitable distribution" state. Separate property which a spouse owned prior to the marriage and any property which a spouse receives by gift or inherits (either before or during a marriage) is not subject to division. Any other property (including any income from separate property that was earned during the marriage) may be divided by the court. The following factors are considered:

the contribution of each spouse to the acquisition, preservation, or appreciation in value of the marital property, including the contribution of each spouse as homemaker
the length of the marriage
the conduct of the spouses during the marriage
the health and ages of the spouses
the amount and sources of income of the spouses
the occupation and employability of each of the spouses
the contribution by 1 spouse to the education, training, licensure, business, or increased earning power of the other
the need of a custodial parent to occupy or own the marital residence and to use or own the household effects according to the best interests of any children
either spouse's wasteful dissipation or unfair transfer of any assets in contemplation of divorce
the opportunity of each spouse for acquisition of assets and income
any other factor which is just and proper

Alimony and Spousal Support
Either spouse may be awarded alimony after a divorce or legal separation. In determining the amount of alimony, the following factors are to be considered:

the extent to which either spouse is unable to support himself or herself adequately because of his or her position as primary caretaker of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside of the home
the extent to which either party is unable to support himself or herself
the extent to which a spouse was absent from employment while fulfilling homemaking responsibilities
the extent to which a spouse's education may have become outmoded and his or her earning capacity diminished
the time and expense required for a supported spouse to acquire the appropriate education and training to develop marketable skills and become employed
the probability, given the spouse's age and skills, of completing education and training and becoming self-supporting
the standard of living during the marriage
the opportunity for either spouse for the future acquisition of capital assets and income
the ability of the supporting spouse to pay, taking into consideration the supporting spouse's earning capacity, earned and unearned income, assets, debts, and standard of living
the length of the marriage
the conduct of the spouses during the marriage
the health, age, station, occupation, amount and sources of income, vocational skills, and employability of the spouses
the liability and needs of the spouses
any other factors which are just and proper

Spouse's Name After Divorce
Any woman may request that her name be changed.

Child Custody After Divorce
Child custody is determined according to the best interests of the child. Reasonable visitation should be granted to the non-custodial parent, unless it would be harmful to the child. There are no factors for consideration set out by statute. There is no specific provision for joint custody in Rhode Island.

Child Support After Divorce
Either parent may be ordered to provide child support, after a consideration of the following factors:

the financial resources of the child
the standard of living the child would have enjoyed if the marriage had not been dissolved
the physical and emotional conditions and educational needs of the child
the needs of the noncustodial parent
the financial resources of both the noncustodial and the custodial parent
any other factors

Family Court child support guidelines have been adopted. In order to guarantee child support payments, the court may require:

income or property assignments
posting of bond
wage withholding

There is an official Child Support Guidelines Form which must be filed in cases involving minor children.

Pennsylvania Divorce Laws

2009-06-08T01:35:00.000-07:00

Residency Requirements for Divorce in Pennsylvania
Either spouse must have been a resident of Pennsylvania for at least 6 months before filing. The divorce may be filed for in a county where: (1) the defendant resides; (2) the plaintiff resides, if the defendant does not live in Pennsylvania; (3) the marriage home was, if the plaintiff continuously resided in the same county; (4) prior to 6 months after separation, and if the defendant agrees, the plaintiff resides; (5) prior to 6 months after separation, and if neither spouse lives in the county of the marriage home, either spouse lives; and (6) after 6 months after separation, either spouse lives.

Legal Grounds for Divorce in Pennsylvania

No Fault Divorce:
1. Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for 2 years (or)
2. irretrievable breakdown of the marriage and the spouses have both filed affidavits that they consent to the divorce
In the case of no-fault ground 1, the court may delay the case for 90 to 120 days if it appears that there is a reasonable chance for reconciliation. In the case of no-fault ground 2, 90 days must elapse after the filing for divorce before the court will grant a divorce.
General Divorce:
1. Adultery
2. bigamy
3. imprisonment for 2 or more years
4. confinement for incurable insanity for 18 months
5. willful desertion for 1 year
6. cruel and inhuman treatment endangering the life of the spouse
7. personal indignities

Legal Separation in Pennsylvania
The spouses may enter into a binding separation agreement if it is made on reasonable terms. There is no residency requirement specified by statute.

Simplified/Special Divorce Procedures in Pennsylvania
The spouses may file for divorce on the grounds of irretrievable breakdown of the marriage and if both spouses consent to the divorce, it will be handled in an expedited manner. There are official sample forms for filing a complaint for divorce on the grounds of irretrievable breakdown of the marriage. There are also official forms available for filing the required affidavit of consent. There are also other sample divorce proceeding forms available in Pennsylvania Rules of Civil Procedure, Actions of Divorce of Annulment Section, Rule 1920.01+. In addition, separation agreements are expressly authorized.

Divorce Mediation in Pennsylvania
If the court determines that there is a reasonable prospect for reconciliation, it may order the spouses to seek counseling for a period of between 90 and 120 days. Upon the request of 1 of the spouses, 3 counseling sessions may be required. If no reconciliation is reached and 1 of the spouses states that the marriage is irretrievably broken, a divorce may be granted. Counseling sessions may also be ordered by the court in conjunction with child custody and are mandatory if a parent has been convicted of a violent or abusive crime.

Divorce Property Distribution
Pennsylvania is an "equitable distribution" state. Separate property that is:

acquired prior to the marriage
acquired in exchange for any separate property
any gifts and inheritances
any property designated as separate in a valid agreement between the spouses, will be retained by the spouse owning it

All other marital property will be divided equitably, without regard to any marital misconduct, based on the following factors:

the contribution or dissipation of each spouse to the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as homemaker
the age and health of the spouses
the vocational skills of the spouses
the value of each spouse's property
the economic circumstances of each spouse at the time the division of property is to become effective
the length of the marriage
the tax consequences to each spouse
the occupation of the spouses
the amount and sources of income of the spouses, including retirement and any other benefits
the vocational skills of the spouses
the employability of the spouses
the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
the standard of living established during the marriage
whether a spouse will have custody of any minor children
any contributions toward the education, training, or increased earning power of the other spouse
any prior marital obligations
any other factor necessary to do equity and justice between the spouses

The court may require a spouse to purchase or maintain life insurance and name the other spouse as beneficiary. Both spouses will be required to submit an inventory and appraisal of their property.

Alimony and Spousal Support
Alimony may be awarded to either spouse if necessary. In determining the alimony award, the following factors are considered:

whether the spouse seeking alimony lacks sufficient property to provide for his or her own needs
whether the spouse is unable to be self-supporting through appropriate employment
whether the spouse seeking alimony is the custodian of a child
the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
any tax consequences
the standard of living established during the marriage
the duration of the marriage
the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's separate property
the comparative financial resources of the spouses
the needs and obligations of each spouse
the contribution of each spouse to the marriage, including services rendered in homemaking
the age of the spouses
the physical, mental, and emotional conditions of the spouses
the probable duration of the need of the spouse seeking support and alimony
the educational level of each spouse at the time of the marriage and the time necessary for the spouse to acquire sufficient education to find appropriate employment
the contribution by 1 spouse to the education, training, or increased earning power of the other
the spouse's sources of income, including medical, insurance, retirement benefits, inheritances, assets, and liabilities, and any property brought into the marriage by either spouse
any marital misconduct any other factor the court deems just and equitable

There are official spousal support guidelines now in use in Pennsylvania and these are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of a case. Alimony payments may be ordered to be paid through the Domestic Relations Section of the court.

Spouse's Name After Divorce
Any person may resume the use of his or her former or maiden name upon divorce. A written notice to that effect must be filed in the office of the prothonotary of the court where the divorce was entered.

Child Custody After Divorce
Joint (shared) or sole custody may be awarded based on the best interests of the child and upon a consideration of the following factors:

which parent is more likely to encourage, permit, and allow frequent and continuing contact, including physical access between the other parent and the child
whether either parent has engaged in any violent, criminally sexual, abusive, or harassing behavior
the preference of the child
any factor that affects the child's physical, intellectual, or emotional well-being

Both parents may be required to attend counseling sessions regarding child custody. The recommendations of the counselor may be used in determining child custody. In shared custody situations, the court may also require the parents to submit a written plan for child custody to the court.

Child Support After Divorce
Either or both parents may be ordered to provide child support according to their ability to pay. The factors for consideration set out by statute are:

the net income of the parents
the earning capacity of the parents
the assets of the parents
any unusual needs of the child or the parents
any extraordinary expenses

Child support payments may be ordered to be paid through the Domestic Relations Section of the court. There are official child support guidelines available and these are presumed to be correct unless there is a showing that the amount would be unjust of inappropriate under the particular circumstances of a case. The court may require that health insurance coverage be provided for any child if it is available at a reasonable cost. Child support payments may be ordered to be paid through the Domestic Relations Section of the court.

Oregon Divorce Law

2009-06-07T01:33:00.000-07:00

Residency Requirements for Divorce in Oregon
If the marriage was not performed in Oregon, 1 of the spouses must have been a resident of Oregon for 6 months immediately prior to filing. If the marriage was performed in Oregon and either of the spouses is a resident at the time of filing, there is no durational residency requirement. The dissolution of marriage may be filed in a county where either spouse resides. There is a 90-day waiting period before a hearing will be scheduled which begins after the respondent has been served with papers or the publication of the summons.

Legal Grounds for Divorce in Oregon

No Fault Divorce: Irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage. Misconduct of the spouses will only be considered when child custody is an issue or if necessary to prove irreconcilable differences.
General Divorce:
1. Consent to marriage was obtained by fraud, duress, or force
2. minor married without lawful consent
3. spouse lacked mental capacity to consent [including temporary incapacity resulting from drug or alcohol use].
Misconduct of the spouses will only be considered when child custody is an issue.

Legal Separation in Oregon
The grounds for legal separation (separation from bed and board) in Oregon are irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage. The spouses may enter a separation agreement to live apart for at least 1 year. At least 1 of the spouses must be a resident of Oregon when the action for legal separation is filed. The legal separation may be filed for in a county where either spouse lives.

Simplified/Special Divorce Procedures in Oregon
The spouses may qualify for a summary dissolution of marriage procedure if the following qualifications are met:

the residency requirements are fulfilled
There are no minor children, born or adopted, and the wife is not pregnant
the marriage is not over 10 years in length
neither spouse owns any real estate
there are no unpaid debts in excess of $15,000 incurred by either or both spouses during the marriage
the total value of all of the spouse's personal property is less than $30,000, excluding any unpaid balances on loans
the petitioner waives the right to spousal support (alimony)
the petitioner waives the right to any pendente lite (preliminary) orders, except for the prevention of spouse abuse (temporary court orders pending the final divorce)

There are specific mandatory forms for filing for summary dissolution of marriage that are available from the clerk of the court in each circuit. Separation agreements are also expressly authorized. In addition, in all other cases, the spouses can jointly file for a dissolution of marriage.

Divorce Mediation in Oregon
Certain Oregon courts offer conciliation services. If a court does offer such services, either spouse or the court may delay the dissolution of marriage proceedings for 45 days while a reconciliation or settlement is attempted. In addition, if child custody or child support issues are contested, the court will refer the parents to mediation for up to 90 days.

Divorce Property Distribution
Oregon is an "equitable distribution" state. All of the spouses' property is subject to division by the court, including any gifts, inheritances, and property acquired prior to the marriage. Regardless of whether the property is held jointly or individually, there is a presumption that the spouses contributed equally to the acquisition of any property, unless shown otherwise. All property will be divided, without regard to any fault of the spouses, based on the following factors:

the cost of any sale of assets
the amount of taxes and liens on the property
the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
any retirement benefits, including social security, civil service, military and railroad retirement benefits
any life insurance coverage
whether the property award is instead of or in addition to spousal support

Alimony and Spousal Support
Either spouse may be ordered to pay spousal support to the other spouse, without regard to marital fault. The factors for consideration are:

the need for and the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment to become self-supporting and that spouse's future earning capacity
the standard of living during the marriage
the duration of the marriage
the comparative financial resources of the spouses, including their comparative earning abilities in the labor market
the tax consequences to each spouse
the age of the spouses
the physical and emotional conditions of the spouses
the usual occupation of the spouses during the marriage
the vocational skills and employability of the spouse seeking support
any custodial and child support responsibilities
the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
any life insurance
the costs of health care
the extent that a spouse's earning capacity is impaired due to absence from the job market to be homemaker and the extent that job opportunities are unavailable considering the age of the spouse and the anticipated length of time for appropriate training
the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
any long-term financial obligations, including legal fees
any child support obligations
any other factor the court deems just and equitable

If a spouse has been out of the job market for a long time while acting as homemaker and the other spouse has an economically advantageous position due to joint efforts of both spouses, spousal support will be awarded as compensation. The spouse receiving spousal support must make a reasonable effort to become self-supporting within 10 years or the support may be terminated. The court may order the spouse to pay the support to carry life insurance with the other spouse as beneficiary. In addition, a spouse may have a right to continued health insurance coverage under the other spouse's policy.

Spouse's Name After Divorce
The spouses may resume the use of their prior names after a dissolution of marriage.

Child Custody After Divorce
Joint custody, joint responsibility for the child, and extensive contact between the child and both parents is encouraged. Joint or sole custody is determined based on the best interests of the child and the following factors:

the love and affection existing between the child and other family members
the attitude of the child
the desirability of maintaining continuity
any spouse abuse
the relationship of the child with parents, siblings, and other significant family members
the parent's interests and attitudes towards the child

The conduct, income, social environment, and lifestyle of the proposed guardian is to be considered only if it is shown to cause emotional or physical damage to the child. No preference is to be given because of parent's sex. The court will not order joint custody unless both parents agree to the terms of the custody.

Child Support After Divorce
Either parent may be ordered to pay child support, based on the following factors:

the ability of each parent to borrow
the parent's earnings history
the reasonable necessities of each parent
the physical, emotional, and educational needs of the child
the relative financial means of the parents, including their income, resources, and property
the potential earnings of the parents
the needs of any other dependents of a parent
any social security or veteran's benefits paid to the child
any other relevant factors

There are official child support scales and formulas available. The child support payments may be required to be paid through the clerk of the court. There may be court orders issued to withhold wages to pay for the child support. Every child support award must also contain provisions for the payment of any uninsured medical care for the child and the payment of health insurance for the child. The court may also order the parent required to pay support to maintain life insurance coverage with the child as beneficiary.

Oklahoma Divorce Laws

2009-06-05T01:31:00.000-07:00

Residency Requirements for Divorce in Oklahoma
Either spouse must have been a resident of Oklahoma for 6 months immediately prior to filing for divorce. The divorce may be filed for in the county in which the plaintiff has been a resident for 30 days or in the county where the defendant resides.

Legal Grounds for Divorce in Oklahoma

No Fault Divorce: Incompatibility.
General Divorce:
1. Impotence
2. adultery
3. abandonment for 1 year
4. imprisonment
5. confinement for incurable insanity for 5 years
6. cruel and inhuman treatment
7. fraud
8. habitual intemperance (drunkenness)
9. the wife pregnant by another at the time of the marriage
10. gross neglect
11. a foreign divorce which is not valid in Oklahoma

Legal Separation in Oklahoma
A spouse may sue the other spouse for separate maintenance without filing for divorce. The action may be brought in any county where either spouse resides. The grounds for requesting non-divorce-based alimony are:

impotence
adultery
abandonment for 1 year
imprisonment
confinement for incurable insanity for 5 years
cruel and inhuman treatment
fraud
habitual intemperance (drunkenness)
the wife pregnant by another at the time of the marriage
gross neglect
incompatibility

Simplified/Special Divorce Procedures in Oklahoma
Separation agreements are specifically authorized by statute.

Divorce Mediation or Counseling Requirements
The court may appoint an arbitrator for joint custody disputes which take place after a divorce.

Divorce Property Distribution
Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep:

the property owned by him or her before the marriage (and)
any gifts or inheritances acquired during the marriage

All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to 1 spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are:

the way in which the property in question was held (and)
the time and manner of the acquisition of the property

Marital fault is not a factor.

Alimony and Spousal Support
Alimony may be awarded to either spouse. The award may be in money or property, in lump sum or installments, having regard for the value of the property at the time of the award. Marital fault is not a consideration. There are no other factors for consideration set out in the statute. Alimony payments may be required to be paid through the clerk of the court.

Spouse's Name After Divorce
Upon request, a wife may have her former or maiden name restored upon divorce.

Child Custody After Divorce
Joint or sole child custody may be awarded based on the best interests of the child and upon a consideration of the preference of the child, if the child is of sufficient age to form an intelligent preference. When it is in the best interests of the child, the court shall assure that children have frequent and continuing contact with both parents and encourage the parents to share the rights and responsibilities of child-rearing. However, there is neither a preference for or against joint or sole custody. In determining custody, the court shall consider which parent is likely to allow frequent contact with the other parent. There is no preference either for or against private, public, or home schooling of children. The sex of the parent is not to be taken into consideration. Failure to allow visitation may be considered against the best interests of the child. The court may require that the parents submit a joint custody plan to the court if joint custody is desired.

Child Support After Divorce
The parent awarded custody of the child must provide for the education and support of the child to the best of his or her ability. If such support is inadequate, the non-custodial parent must assist in the support to the best of his or her ability. A portion of the non-custodial parent's property may be set aside for the custodial parent's use in supporting the child. The only factors for consideration set out in the statute are:

the income and means of the parents
the property and assets of the parents

There are official child support guidelines and compilation forms in the statute and forms are provided by the Oklahoma Department of Human Services and are available from any court clerk. The amount of support as shown by the guidelines is presumed to be correct unless it is shown to be unjust, unreasonable, inappropriate, or inequitable under the particular circumstances of a case. Child support computation forms are available from the clerk of the court. Child support payments may be required to be paid through the clerk of the court. Security or bond may be required for the payments and income withholding may be used to guarantee the payments.

Ohio Divorce Laws

2009-06-03T01:22:00.000-07:00

Residency Requirements for Divorce in Ohio
The spouse filing for divorce or dissolution of marriage must have been a resident of Ohio for at least 6 months and a resident of the county for at least 90 days immediately prior to filing.
[Ohio Revised Code Annotated; Section 3105.03 and Ohio Rules of Civil Procedure; Rule 3].

Legal Grounds for Divorce in Ohio

No Fault Divorce:
1. Incompatibility, unless denied by the other spouse (or)
2. Living separate and apart without cohabitation and without interruption for 1 year
[Ohio Revised Code Annotated; Section 3105.01].
General Divorce:
1. Adultery
2. Imprisonment
3. Willful desertion for 1 year
4. Cruel and inhuman treatment
5. Bigamy
6. Habitual intemperance (drunkenness)
7. When a final divorce decree has been obtained outside of the state of Ohio that does not release the other spouse from the obligations of the marriage inside the state of Ohio
8. Fraud
9. Neglect
[Ohio Revised Code Annotated; Section 3105.01].

Legal Separation in Ohio
Legal separation may be sought for the following grounds:

Adultery
Imprisonment
Willful desertion for 1 year
Cruel and inhuman treatment
Bigamy
Habitual intemperance (drunkenness)
When a final divorce decree has been obtained outside of the state of Ohio that does not release the other spouse from the obligations of the marriage inside the state of Ohio
Fraud
Neglect
Incompatibility
Living separate and apart without cohabitation and without interruption for 1 year

[Ohio Revised Code Annotated; Sections 3105.01 and 3105.17].

Simplified/Special Divorce Procedures in Ohio
Both spouses may jointly file a petition for dissolution of marriage. The petition must:

Be signed by both spouses (and)

Have attached to it a separation agreement which provides for:

Division of property
Spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms)
Custody, visitation, and child support, if there are any minor children

The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she:

Voluntarily signed the agreement
Is satisfied with the agreement
Seeks dissolution of the marriage

In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio.
[Ohio Revised Code Annotated; Sections 3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure; Appendix of Forms].

Divorce Mediation or Counseling Requirements
At the request of either spouse or on the court's own initiative, the court may order the spouses to undergo conciliation procedures for up to 90 days. The court will set forth the procedures and name the conciliator. In addition, the court may order that parents attend mediation sessions on issues of child custody and visitation matters.
[Ohio Revised Code Annotated; Sections 3105.091 and 3117.01+].

Divorce Property Distribution
Ohio is an "equitable division" state. Each spouse retains her or his separate property, including gifts, inheritances, property acquired prior to the marriage, income, or appreciation of separate property, and individual personal injury awards. An equitable division of all of the spouse's marital property acquired during the marriage, is allowed based on the following factors:

The desirability of awarding the family home, or right to reside in it, to the spouse with custody of the children

The liquidity of the property to be distributed

The financial resources of both spouses

The needs and obligations of each spouse

The economic desirability of retaining an asset intact

The tax consequences of the division

The duration of the marriage

The costs of any sale of an asset, if a sale is necessary for division purposes

Any property division under a valid separaton agreement

Any other relevant factor The division of the marital property will be equal, unless such a division would be inequitable. Marital fault is not a consideration. The amount of any spousal support award is not to be con-sidered in the division of property.
[Ohio Revised Code Annotated; Section 3105.171].

Alimony and Spousal Support
Either spouse may be awarded reasonable spousal support, in lump sum or in periodic payments, based on a consideration of the following factors:

Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
The earning ability of both spouses
The income of both spouses, including marital property apportioned to each spouse and each spouse's ability to meet his or her needs independently
The contribution of each spouse to the education, earning ability, and career-building of the other spouse, including the spouse's contribution to the earning of a professional degree by the other spouse
The age of the spouses
The physical, mental, and emotional conditions of the spouses
The relative assets and liabilities of the spouses, including any court-ordered payments
The educational level of each spouse at the time of the marriage and at the time the action for support is commenced
The standard of living during the marriage
Any pension or retirement benefits of either spouse
The duration of the marriage
The tax consequences of the award
The time and expense necessary for the spouse seeking support to acquire education, training, or job experience to obtain appropriate employment
The lost income-producing capacity of either spouse resulting from marital responsibilities
Any other relevant factor

Marital fault is not a consideration. The court may require a spouse to provide health insurance coverage for the other spouse.
[Ohio Revised Code Annotated; Sections 3105.18, 3105.71, and 3105.171].

Spouse's Name After Divorce
Upon request, the court will restore a person's former or maiden name.
[Ohio Revised Code Annotated; Sections 3105.16 and 3105.34].

Child Custody After Divorce
Shared parenting or sole child custody may be awarded according to the best interests of the child. Factors to be considered are:

The preference of the child, if the child is of sufficient age and capacity

The child's adjustment to his or her home, school, and community

The mental and physical health of all individuals involved

The relationship of the child with parents, siblings, and other significant family members

Whether 1 parent has willfully denied visitation to the other parent

Whether either parent has failed to make child support payments to any child

Whether either parent lives or intends to live outside of Ohio

The ability of the parents to cooperate and make joint decisions

The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent

Any history of child abuse, spouse abuse, or domestic violence by a parent or anyone who is or will be a member of the household where the child will reside, or parental kidnapping

The geographic proximity of the parents to each other as it relates to shared parenting

The child's and parent's available time

The recommendation of any guardian ad litem (court-appointed guardian) of the child

Any other relevant factors. Both parents are considered to have equal rights to custody In addition, for shared parenting to be awarded, both parents must request it and submit a plan for shared parenting. The financial status of a parent is not to be considered for allocating any parental rights and responsibilities. The court may require an investigation of the parents and any evidence of neglect or child or spousal abuse will be considered against the granting of shared parenting or such parent being granted the status as residential parent.
[Ohio Revised Code Annotated; Sections 3105.21, 3109.03, 3109.04, and 3109.051].

Child Support After Divorce
Either or both parents may be ordered to pay child support. Marital misconduct is not to be considered in this award. Health care insurance may be ordered to be provided for the child. Child support payments may be ordered to be paid through the state child support agency. There are official child support guidelines that are presumed to be correct unless there is a showing that the amount of the support award would be unjust or inappropriate under the particular circumstances of a case. Factors which may be considered in adjusting a child support amount are:

Special or unusual needs of a child
Obligations for other minor or handicapped children
Other court-ordered payments
Extended visitation or extraordinary costs for visitation
Mandatory wage deductions including union dues)
Disparity in income between the parents' households
Benefits that either parent receives from remarriage or sharing living expenses with others
The amount of taxes paid by a parent
Significant contributions from a parent (including lessons, sports equipment, or clothing)
The financial resources and earning capacity of the child
The standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved
The physical and emotional conditions and needs of the child
The medical and educational needs of the child
The relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent
The need and capacity of the child for an education and the educational opportunities of the child
The age of the child
The earning ability of each parent
The responsibility of each parent for the support of others
The value of services contributed by the custodial parent
Any other relevant factor

A child support computation worksheet is also contained in the statute.
[Ohio Revised Code Annotated; Sections 3105.71 and 3113.217].

North Dakota Divorce Laws

2009-06-02T01:20:00.000-07:00

Residency Requirements for Divorce in North Dakota
The spouse filing for divorce must be a resident of North Dakota for at least 6 months prior to the entry of the final divorce. If the defendant is a resident of North Dakota, the divorce must be filed in the county where the defendant resides. If the defendant is not a resident, the divorce may be filed for in any county that the plaintiff designates in the complaint.
[North Dakota Century Code; Volume 3A, Chapters 14-05-17 and 28-04-05].

Legal Grounds for Divorce in North Dakota

No Fault Divorce: Irreconcilable differences.
[North Dakota Century Code; Volume 3A, Chapter 14-05-03].
General Divorce:
1. Adultery
2. Confinement for incurable insanity for a period of 5 years
3. Conviction of a felony
4. Willful desertion
5. Cruel and inhuman treatment
6. Willful neglect
7. Habitual intemperance
[North Dakota Century Code; Volume 3A, Chapter 14-05-03].

Legal Separation in North Dakota
The grounds for legal separation (separation from bed and board) in North Dakota are:

Irreconcilable differences
Adultery
Confinement for incurable insanity for a period of 5 years
Conviction of a felony
Willful desertion
Cruel and inhuman treatment
Willful neglect
Habitual intemperance

The spouse filing for legal separation must be a resident of North Dakota for at least 6 months prior to the entry of the legal separation.
[North Dakota Century Code; Volume 3A, Chapters 14-06-01 and 14-06-06].

Simplified/Special Divorce Procedures in North Dakota
Separation agreements are specifically authorized by statute.
[North Dakota Century Code; Volume 3A, Chapter 14-07-07].

Divorce Mediation or Counseling Requirements
In an action for divorce or legal separation where child support or child custody is an issue, the court may order the parents to submit to mediation, unless there has been physical or sexual abuse of a spouse or child.
[North Dakota Century Code; Volume 3A, Chapter 14-09.1-02].

Divorce Property Distribution
North Dakota is an "equitable distribution" state. All of the spouse's property, including gifts, inheritances, and any acquired prior to the marriage, will be equitably distributed as the court feels is just and proper. There are no factors for consideration specified in the statute.
[North Dakota Century Code; Volume 3A, Chapter 14-05-24].

Alimony and Spousal Support
Either spouse may be required to make allowances for the support of the other spouse for his or her entire life or a shorter period. All of the circumstances of the situation, including any marital fault, may be considered. There are no other specific factors for consideration set out in the statute. Support payments may be required to be made through the clerk of the court.
[North Dakota Century Code; Volume 3A, Chapter 14-05-24].

Spouse's Name After Divorce
Upon request, a wife's former or maiden name may be restored.
[North Dakota Case Law].

Child Custody After Divorce
Child custody is awarded according to the best interests and welfare of the child, and based on the following factors:

Moral fitness of the parents
Capability and desire of each parent to meet the child's needs incuding food, clothing, medical care, and other material needs
Preference of the child, if the child is of sufficient age and capacity
The love and affection existing between the child and each parent
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
The child's adjustment to his or her home, school, and community
The mental and physical health of all individuals involved
The stability of the home environment likely to be offered by each parent
The child's interaction with anyone who resides with a parent, including such person's history of violence of any type
Any spouse or child abuse, sexual abuse, or history of domestic violence or violence of any type
The capacity and disposition of the parents to give the child love, affection, guidance, and continue the child's education
The permanence, as a family unit, of the proposed or existing custodial home
The making of any false accusations by 1 parent against the other
Any other factors

Any evidence of child or spouse abuse or domestic violence creates a presumption that custody or visitation with that parent would not be in the best interests of the child. If there is any evidence of sexual abuse of a child, the court is required to prohibit any visitation or contact with that parent unless the parent has completed counseling and the court determines that supervised visitation is in the best interests of the child. Both parents are considered to be equally entitled to custody of a child.
[North Dakota Century Code; Volume 3A, Chapters 14-05-22, 14-09-06, 14-09-06.1, and 14-09-06.2].

Child Support After Divorce
Either parent may be ordered to pay child support. The amount awarded will be based on a consideration of the following factors:

The net income of the parents
The other resources available to the parents
Any circumstances that might be considered in reducing the amount of support on the basis of hardship

There are specific child support guidelines that the court will consider which have been prepared by the North Dakota Department of Human Services. Child support payments are required to be paid through the state disbursement office. The court can order child support payments be guaranteed by wage assignments and wage withholding orders. All child support orders will be reviewed every 3 years, unless neither parent requests such a review.
[North Dakota Century Code; Volume 3A, Chapters 14-08-07, 14-09-08, 14-09-08.1, 14-09-08.4, 14-09-09.1, 14-09-09.2, and 14-09-09.7]

North Carolina Divorce Laws

2009-06-01T01:18:00.000-07:00

Residency Requirements for Divorce in North Carolina
Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce. Divorce may be filed for in the county of residence of either spouse.
[General Statutes of North Carolina; Chapter 50, Section 50-8].

Legal Grounds for Divorce in North Carolina

No Fault Divorce: Living separate and apart without cohabitation for 1 year.
[General Statutes of North Carolina; Chapter 50, Section 50-6]
General Divorce:
1. Confinement for incurable insanity for 3 years
2. Incurable mental illness based on examinations for 3 years
[General Statutes of North Carolina; Chapter 50, Sections 50-5.1].

Legal Separation in North Carolina
The grounds for legal separation (divorce from bed and board) are as follows:

Adultery
Abandonment
Alcoholism or drug addiction
Cruel and inhuman treatment endangering the life of the spouse
Personal indignities rendering life burdensome and intolerable
Turning a spouse out-of-doors

Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce from bed and board.
[General Statutes of North Carolina; Chapter 50, Sections 50-7 and 50-8].

Simplified/Special Divorce Procedures in North Carolina
There are no legal provisions in North Carolina for simplified divorce procedures. However, premarital and marital property settlement agreements are specifically recognized as valid. The payment or non-payment of alimony may be the subject of a marital settlement agreement.
[General Statutes of North Carolina; Chapter 50, Sections 16.6(b) and 20(d)].

Divorce Mediation or Counseling Requirements
If child custody is a contested issue, the court may order the parents to submit to mandatory mediation of that issue.
[General Statutes of North Carolina; Chapter 50, Section 50-13.1].

Divorce Property Distribution
North Carolina is an "equitable distribution" state. Separate property, including:

Any property acquired before the marriage
Any gifts and inheritances acquired during the marriage
Any property acquired in exchange for separate property
Any increase in the value of separate property, will be retained by the spouse who owns it

Marital property (property acquired by either or both spouses during the marriage and before the separation, including any pension or retirement fund benefits) will be divided equally unless the court finds that an equal division is not fair. The division is based on the following factors:

Any direct or indirect contributions to the career or education of the other spouse
Any depletion or waste of property
The net value of the property
The liquid or non-liquid character of the property
The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
The economic circumstances of each spouse at the time the division of property is to become effective
Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes
The length of the marriage
The age and health of the spouses
The federal income tax consequences of the court's division of the property
Liabilities of the spouses
Any retirement benefits, including social security, civil service, military and railroad retirement benefits
Any prior alimony or child support obligations of each spouse
The desirability of the spouse with custody of any children occupying the marital residence
Any other factor necessary to do equity and justice between the spouses

[General Statutes of North Carolina; Chapter 50, Section 50-20].

Alimony and Spousal Support
Either spouse may be awarded alimony. The factors for consideration are:

The standard of living established during the marriage
The comparative financial resources of the spouses, including their comparative earning abilities in the labor market and their incomes
The mental, physical, and emotional conditions of the spouses
The marital misconduct of the spouses
The ages of the spouses
The contribution of 1 spouse to the education, training, or earning power of the other spouse
The effect of a spouse having primary custody of a child
The relative education of the spouses and the time necessary for a spouse to acquire sufficient education or training to become self-sufficient
The contribution of a spouse as a homemaker
The tax consequences
Any other factor the court deems just and equitable

The court may require bond for security for the alimony payments. Alimony may not be paid to the spouse committing adultery.
[General Statutes of North Carolina; Chapter 50, Sections 50-16.3a and 50-16.6].

Spouse's Name After Divorce
Upon request, the court may allow a woman to resume the use of her former or maiden name. A woman may also make application to the clerk of the court for resumption of the use of her maiden or former name.
[General Statutes of North Carolina; Chapter 50, Section 50-12].

Child Custody After Divorce
Joint or sole child custody is determined according to the interests and welfare of the child. There is no presumption that either parent is better suited to have custody. No other factors for consideration are specified in the statute.
[General Statutes of North Carolina; Chapter 50, Section 50-13.2].

Child Support After Divorce
Both parents are primarily responsible for the support of a minor child and either parent may be ordered to pay child support. The factors to be considered are:

The needs of the child
The earnings, estate, conditions, and accustomed standard of living of the child and the parents
The childcare and homemaker contributions of each parent
Any other relevant factors. There are official child support guidelines which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate

Child support worksheets are also provided. Child support payments may be required to be paid through the clerk of the court. Income withholding may be used if child support payments become delinquent. Child support obligations may be required to be secured by a bond or mortgage. The court may require a parent to provide health insurance coverage for a child.
[General Statutes of North Carolina; Chapter 50, Section 50-13.4. Child Support Guidelines and Worksheets are contained in the Annotated Rules of North Carolina].

New York State Divorce Laws

2009-05-26T01:14:00.000-07:00

Residency Requirements for Divorce in New York
If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].

Legal Grounds for Divorce in New York

No Fault Divorce:
1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
2. Living separate and apart for 1 year under the terms of a judicial separation decree
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
General Divorce:
1. Adultery
2. Abandonment for 1 year
3. Imprisonment for 3 or more consecutive years
4. Cruel and inhuman treatment
[Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:

Adultery
Abandonment
Imprisonment for 3 or more consecutive years
Neglect of and failure to provide support for a wife
Cruel and inhuman treatment

If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:

The spouses were married in New York and either spouse is still a resident
They once resided in New York and either spouse is still a resident
The grounds for legal separation arose in New York

In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].

Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:

The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement

There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.

Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
The probable future economic circumstances of each spouse
The length of the marriage
The age and health of the spouses
The amount and sources of income of the spouses
The probable future financial circumstances of each spouse
The potential loss of inheritance or pension rights upon dissolution of the marriage
Whether the property award is instead of or in addition to maintenance
Custodial provisions for the children and the need for a custodial parent to occupy the marital home
The type of marital property in question
[whether it is liquid or non-liquid]
The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
The tax consequences to each party
The wasteful dissipation of assets
Any transfer of property made in anti-cipation of divorce
Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
Any other factor necessary to do equity and justice between the spouses

Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:

The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
Any transfer of property made in anticipation of divorce
The duration of the marriage
The wasteful dissipation of marital property
The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
The tax consequences to each spouse
Any custodial and child support responsibilities
The ability of the spouse seeking support to become self-supporting and the time and training necessary
Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
The age and health of both spouses
The present and future earning capacities of both spouses
Any other factor the court deems just and equitable

[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].

Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:

The financial resources of the child and the parents
The standard of living the child would have enjoyed if the marriage had not been dissolved
The physical and emotional health of the child and any special needs or aptitudes of the child
The financial resources, needs, and obligations of both the noncustodial and the custodial parent
The tax consequences to each parent
The non-monetary contributions that the parents will make towards the care and well-being of the child
The educational needs of either parent
Whether 1 parent's income is substantially less than the other parent's
The needs of other children of the non-custodial parent
If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
Any other relevant factors

Security may be required for the payments.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 236-Part B, 240, and 243 and New York Case Law].

New Mexico Divorce Laws

2009-05-25T01:11:00.000-07:00

Residency Requirements for Divorce in New Mexico
One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for dissolution of marriage and have a home in New Mexico. The dissolution of marriage may be filed in any county where either spouse resides.
[New Mexico Statutes Annotated; Article 4, Section 40-4-5].

Legal Grounds for Divorce in New Mexico

No Fault Divorce: Incompatibility because of discord and conflicts of personalities such that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation.
[New Mexico Statutes Annotated; Article 4, Sections 40-4-1 and 40-4-2].
General Divorce:
1. Adultery
2. Abandonment
3. Cruel and inhuman treatment
[New Mexico Statutes Annotated; Article 4, Section 40-4-1].

Legal Separation in New Mexico
If the spouses have permanently separated and do not live together or cohabit, either spouse may begin proceedings for property division, child custody and support, and maintenance, without asking for a dissolution of marriage. One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for legal separation and have a home in New Mexico.
[New Mexico Statutes Annotated; Article 4, Section 40-4-3].

Simplified/Special Divorce Procedures in New Mexico
Marital settlement agreements and contracts for separation are specifically authorized by law and must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside.
[New Mexico Statutes Annotated; Article 4, Sections 40-2-4 and 40-2-5].

Divorce Mediation or Counseling Requirements
There are provisions in New Mexico for the establishment of domestic relations mediation programs. If such programs have been established in the county where the dissolution of marriage is filed for, parents may request the use of such programs, or the court may order the parents to enter the program.
[New Mexico Statutes Annotated; Article 4, Section 40-12-5].

Divorce Property Distribution
New Mexico is a "community property" state. Each spouse retains his or her separate property acquired prior to the marriage, designated as separate property by a written agreement, and any gifts or inheritances. New Mexico uses a "quasi-community" property definition: All property, except separate property, that a spouse acquires outside of New Mexico which would have been community property if they had acquired it in New Mexico. "Quasi-community" property is treated like standard community property. The spouse's community property is to be divided equally between the spouses. Marital fault is not considered. There are no factors for consideration set out in the statute.
[New Mexico Statutes Annotated; Article 4, Sections 40-3-8 and 40-4-7].

Alimony and Spousal Support
Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault. The factors that the court will consider are:

The duration of the marriage
The spouse's current and future earning capacities
The good faith efforts of the spouses to maintain employment or become self-supporting
The needs and obligations of each spouse
The age, health, and means of the spouses
The amount of property that each spouse owns
The spouses' standard of living during the marriage
The maintenance of medical and life insurance during the marriage
The assets and property of the spouses, including any income-producing property
Each spouse's liabilities
Any marital separation or settlement agreements

[New Mexico Statutes Annotated; Article 4, Section 40-4-7 and New Mexico Case Law].

Spouse's Name After Divorce
The court may order the restoration of a spouse's former name.
[New Mexico Statutes Annotated; Article 4, Section 40-8-1].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child, unless shown otherwise. The factors for consideration in all custody situations are:

The wishes of the child
The wishes of the parents
The relationship of the child with parents, siblings, and other significant family members
The child's adjustment to his or her home, school, and community
The mental and physical health of all individuals involved

If a minor is 14 years old or older, the court may consider the wishes of the minor.

In addition, the factors that are considered in determining joint custody are as follows:

The ability of the parents to cooperate and make decisions jointly
The physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside
Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
The love, affection, and other emotional ties existing between the parents and the child
The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs
Whether each parent is willing to accept all the responsibilities of parenting, including a willingness to accept or relinquish care at specified times
Whether each parent is able to allow the other to provide care without intrusion
The suitability of a parenting plan for the implementation of joint custody
Whether any domestic abuse has occurred

[New Mexico Statutes Annotated; Article 4, Sections 40-4-9 and 40-4-9.1].

Child Support After Divorce
Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. Any welfare benefits are not considered. Specific child support guidelines and worksheets are provided. Separate worksheets are provided for determining child support amounts for parents with visitation and for parents with shared responsibility. Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a year. Chid Support Guidelines are contained in New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines are presumed to be correct unless there is a showing that the amount of support would be unjust or inappropriate under the particular circumstances of a case, specifically:

Any extraordinary uninsured medical, dental, or counseling expenses for the child of over $100.00 per year
Any extraordinary educational expenses for the child
Any transportation and communication expenses for long-distance visitation or time-sharing

A substantial hardship for either parent or the child may also justify an adjustment of the amount of the child support payment. The assignment and withholding of wages to secure the payment of child support payments may be ordered.
[New Mexico Statutes Annotated; Article 4, Sections 27-2-27, 40-4-7, 40-4-11, and 40-4-11.1].

New Jersey Divorce Laws

2009-05-24T00:52:00.000-07:00

Residency Requirements for Divorce in New Jersey

One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for divorce (or)
When the cause for divorce is adultery and took place in New Jersey, 1 of the spouses must have been a resident.

The divorce may be filed for in any county in New Jersey.
[New Jersey Statutes Annotated; Title 2A, Chapters 34-8 and 34-10].

Legal Grounds for Divorce in New Jersey

No Fault Divorce: Living separate and apart for 18 months and no reasonable prospect of reconciliation.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
General Divorce:
1. Adultery
2. Imprisonment for 18 months
3. Unnatural sexual behavior before or after marriage
4. Alcoholism or drug addiction
5. Confinement for incurable insanity
6. Willful desertion for 1 year
7. Cruel and inhuman treatment
8. Separation for 2 years caused by confinement for mental illness
9. Extreme cruelty
[New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Legal Separation in New Jersey
The grounds for legal separation (or a divorce from bed and board) are the same as for divorce. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for legal separation or when the cause for legal separation is adultery and took place in New Jersey, 1 of the spouses must have been a resident (no time limit).
[New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Simplified/Special Divorce Procedures in New Jersey
The filing of an acknowledgment of service of process or appearance is specifically authorized. Also, there is a required Case Information Statement which must be filed as shown in New Jersey Civil Practice Rules, Appendix V.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-11].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New Jersey for divorce mediation.

Divorce Property Distribution
New Jersey is an "equitable distribution" state. A spouse's separate property acquired before a marriage is retained by that spouse. All of the spouse's other property (except that acquired by gift and inheritance) is divided equitably, based on the following factors:

The value of each spouse's marital property
The value of the separate property of the spouses
The length of the marriage
The age and health of the spouses
The amount and sources of income of the spouses
The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
The standard of living established during the marriage
How and by whom the property was acquired
The tax consequences to each spouse
The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
The economic circumstances of each spouse at the time the division of property is to become effective
Any written agreement between the spouses
The income and earning capacity of the spouses
The educational background, training, and employment skills of the spouses
Any custodial responsibilities
The length of absence from the job market
The time and expense necessary to enable the spouse to acquire sufficient education or training to enable the spouse to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
The need for the parent with custody of any children to own or occupy the marital residence
The need to create a trust fund for the future medical or educational needs of a spouse or children
Any other factor necessary to do equity and justice between the spouses

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Alimony and Spousal Support
Either spouse may be ordered to pay alimony, without regard to marital fault, based on the following factors:

The duration of the marriage
The actual needs, obligations, and ability to pay of each spouse
The standard of living established during the marriage and the likelihood that each spouse can maintain a comparable standard of living
The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
The age of the spouses
The physical and emotional conditions of the spouses
The earning capacities, educational levels, vocational skills, and employability of the spouses
The length of absence from the job market
Any child custodial responsibilities of the spouse
The availability of training and employment
The opportunity for the future acquisition of capital and income
The history or financial and non-financial contributions of each spouse to the marriage, including the contribution of each spouse to the care and education of children and interruption of personal careers or educational opportunities
The equitable distribution of property and any payouts from this property, if a consideration of this income is fair and just
Any investment income available to either spouse
The tax consequences of any alimony
Any other factor the court deems just and equitable

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Spouse's Name After Divorce
The court may allow either spouse to use his or her former name.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-21].

Child Custody After Divorce
Sole or joint custody may be awarded based on the following factors:

The physical, emotional, mental, religious, and social needs of the child
The preference of the child, if the child is of sufficient age and capacity

No preference is to be given because of parent's sex. A father may not forcibly take a minor child from a mother's actual physical custody.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23 and New Jersey Case Law].

Child Support After Divorce
The court may award child support for the care, maintenance, and education of a child. The factors for consideration specified in the statute are:

The needs and liability of the child
The standard of living and economic circumstances of both parents
The financial resources, needs, and obligations of both the non-custodial and the custodial parent
The earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment
The need and capacity of the child for education, including higher education
The age and health of the child and the parents
The income, assets, and earning ability of the child
The responsibility of the parents for the support of others
Any other relevant factors

There are specific New Jersey Supreme Court child support guidelines contained in New Jersey Civil Practice Rules, Appendix IX.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

New Hampshire Divorce Laws

2009-05-23T00:43:00.000-07:00

Residency Requirements for Divorce in New Hampshire

Both spouses must be residents of the state when the divorce is filed for
The spouse filing for divorce must have been a resident of New Hampshire for 1 year immediately prior to filing for divorce and the other spouse was personally served with process within the state (or)
The cause of divorce must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the divorce is filed for. The divorce may be filed for in a county where either spouse resides

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, and 458.9].

Legal Grounds for Divorce in New Hampshire

No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[New Hampshire Revised Statutes Annotated; Chapter 487:7a]
General Divorce:
1. Impotence
2. Adultery
3. Abandonment and not being heard of for 2 years
4. Imprisonment with a sentence of more than 1 year served
5. Physical abuse or reasonable apprehension of physical abuse
6. Desertion without support of spouse by husband for 2 years
7. Extreme cruelty
8. Habitual intemperance (drunkenness) for 2 years
9. Living separate and apart without cohabitation for 2 years
10. Mental abuse
[New Hampshire Revised Statutes Annotated; Chapters 458:7, 458:7a, and 458:26].

Legal Separation in New Hampshire
The grounds for legal separation (limited divorce) in New Hampshire are the same as for divorce:

The spouse filing for legal separation must have been a resident of New Hampshire for 1 year (or)
The cause of legal separation must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the action for legal separation is filed for

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, 458:7, 458:7a, and 458:26].

Simplified/Special Divorce Procedures in New Hampshire
There are no legal provisions in New Hampshire for simplified divorce procedures.

Divorce Mediation or Counseling Requirements
At either spouse's request or if the court feels that there is a reasonable chance at reconciliation, it may delay the divorce proceedings and order the spouses to submit to marriage counseling. There are also provisions for voluntary marital mediation of issues involved in the divorce.
[New Hampshire Revised Statutes Annotated; Chapters 458:6, 458:7B, and 458:15-a].

Divorce Property Distribution
New Hampshire is an "equitable distribution" state. The court will divide all of the spouse's property, including:

Gifts
Inheritances
Property acquired prior to the marriage
Any retirement or pension benefits, as is equitable and just

An equal division is presumed to be equitable. The factors for consideration specified in the statute are:

The length of the marriage
The age and health of the spouses
The occupation of the spouses
The vocational skills of the spouses
The employability of the spouses
The value of each spouse's property
The amount and sources of income of the spouses
The liabilities and needs of each spouse
The opportunity of each for further acquisition of capital assets and income
The ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in custody
The need of the custodial parent to occupy or own the marital residence and any household furnishings
The actions of either spouse during the marriage which contributed to the increase or decrease in value of any property
Any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home
The expectation of any retirement or pension benefits
The federal income tax consequences of the court's division of the property
Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
The value of any property acquired prior to marriage or exchanged for property acquired prior to marriage
The value of any gifts or inheritances
Any direct or indirect contribution to the education or career development of the other spouse
Any interruption in education or career opportunities to benefit the other's career, the marriage, or any children
The social and economic status of each spouse
Any other relevant factor

[New Hampshire Revised Statutes Annotated; Chapter 458:16-a].

Alimony and Spousal Support
Either spouse may be ordered to pay support to the other if:

The spouse in need lacks sufficient income or property to provide for reasonable needs, taking into account the standard of living during the marriage
The spouse to pay is able to meet his or her reasonable needs, taking into account the standard of living during the marriage
The spouse in need is unable to support himself or herself at a reasonable standard of living or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not seek employment outside the home

The factors for consideration are:

The duration of the marriage
The age of the spouses
The physical and emotional conditions of the spouses
The vocational skills and employability of the spouse seeking support
The tax consequences to each spouse
The amount and sources of income of the spouses
The occupation of the spouses
The value of each spouse's property
The liabilities and needs of each spouse
The opportunity of each for further acquisition of capital assets and income
Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
The contribution of each spouse to the acquisition, preservation, or appreciation in value of the marital property, including any non-economic contributions of each spouse to the family unit
The social and economic status of each spouse

[New Hampshire Revised Statutes Annotated; Chapter 458:19].

Spouse's Name After Divorce
A spouse's former name may be restored in a divorce.
[New Hampshire Revised Statutes Annotated; Chapter 458:24].

Child Custody After Divorce
Joint legal custody (joint responsibility for all parental rights and decisions, except physical custody) is presumed to be in the best interests of the child unless there has been child abuse by 1 of the parents. Custody is awarded based on a consideration of the following factors:

Preference of the child
The education of the child
Any findings or recommendations of a neutral mediator
Any other factors

No preference is given to either parent based on the parent's sex. Repeated and unwarranted interference by a parent with primary custody with the visitation rights of the other parent is a factor in modifying custody arrangements. Stepparents or grandparents may be granted visitation rights.
[New Hampshire Revised Statutes Annotated; Chapter 458:17].

Child Support After Divorce
The court may order reasonable provisions for the support and education of a child. There are specific child support guidelines set out in the statute. There is a presumption that the amount set forth in the guidelines is correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. The factors for consideration for adjusting the amount up or down which are specified in the statute are:

Any extraordinary medical, dental, or educational expenses of the child
A significantly higher or lower income of either parent
The economic consequences of the presence of any stepparents, stepchildren, or natural or adopted children
Any extraordinary costs associated with physical custody
The economic consequences to either parent of the disposition of the marital home
Any state or federal tax consequences
Any split or shared custody arrangements
The costs of providing college educations to any natural or adopted children
Any other significant factor. The court may order health insurance coverage as a method of support

There are also provisions for wage assignments and wage withholding to secure the payment of any child support.
[New Hampshire Revised Statutes Annotated; Chapters 458:17, 458:18, and 458-C:1-5].

Nevada Divorce Laws

2008-03-22T11:01:00.000-07:00

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].

Nebraska Divorce Laws

2008-03-20T07:48:00.000-07:00

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].

Montana Divorce Laws

2008-03-19T01:54:00.000-07:00

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].

Missouri Divorce Laws

2008-03-18T06:38:00.000-07:00

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].

Mississippi Divorce Laws

2008-03-17T05:41:00.000-07:00

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].

Minnesota Divorce Laws

2008-03-16T10:59:00.000-07:00

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].

Michigan Divorce Laws

2008-03-14T22:43:00.000-07:00

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].

Massachusetts Divorce Laws

2008-02-03T06:27:00.000-08:00

Massachusetts Divorce Laws

Residency Requirements for Divorce in Massachusetts
If the grounds for divorce occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year. The divorce should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county, then the divorce may be filed for in a county where either spouse currently resides.
[Massachusetts General Laws Annotated; Chapter 208, Sections 4, 5, and 6].

Legal Grounds for Divorce in Massachusetts

1. No Fault Divorce: Irretrievable breakdown of the marriage (may be filed for either with or without a separation agreement. For no-fault divorce filed in conjunction with a separation agreement, see below under Simplified Or Special Divorce Procedures.)
[Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, and 1B].
2. General Divorce:
1. Impotence
2. imprisonment for over 5 years
3. adultery
4. alcoholism and/or drug addiction
5. desertion without support of spouse for 1 year before the filing for divorce
6. cruel and inhuman treatment
7. nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
[Massachusetts General Laws Annotated; Chapter 208, Sections 1, 1A, 1B, and 2].

Legal Separation in Massachusetts
The grounds for legal separation are:

1. A spouse fails without cause to provide support
2. Desertion
3. Gives the other spouse justifiable cause to live apart

The court may award support to the spouse and children living apart. If the grounds for legal separation occurred in Massachusetts, 1 spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year.
[Massachusetts General Laws Annotated; Chapter 208, Section 20].

Simplified/Special Divorce Procedures in Massachusetts
An action for divorce on the grounds of irretrievable breakdown of the marriage may be instituted by filing:

1. A petition signed by both spouses
2. A sworn affidavit that an irretrievable breakdown of the marriage exists
3. A notarized separation agreement signed by both spouses

A marital settlement agreement is an acceptable substitute for a separation agreement. No summons will be required. Such petitions are to be given a speedy hearing. Marital fault is not to be considered in any decision of the court on property division or maintenance. In addition, there are sample divorce forms for use in divorces set out in the Massachusetts Rules of Court Appendix of Forms. A Financial Statement must be filed in all divorce cases. There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms. Finally, in every action for divorce, a Public Health Statistical Report must be filed by each spouse. Copies of this form are available from the offices of the Registers of Probate.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 6B and Massachusetts Rules of Court; Appendix of Forms].

Divorce Mediation or Counseling Requirements
In cases where "irreconcilable differences" are used as the grounds for divorce, the court may refer the spouses and children for marriage and family counseling.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and Massachusetts Rules of Court].

Divorce Property Distribution
Massachusetts is an "equitable distribution" state. The court may divide all of the spouse's property, including any gifts and inheritances, based on the following factors:

1. The contribution of each spouse to the acquisition, preservation, or appreciation in value of the 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 conduct of the parties during the marriage (if the grounds for divorce are fault-based)
10. Any health insurance coverage

Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].

Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other. The factors to be considered are:

1. The contribution of each spouse to the acquisition, preservation, or appreciation in value of any 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 conduct of the parties during the marriage (if the grounds for divorce are fault-based)
10. Any health insurance coverage
11. The present and future needs of any children of the marriage

Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. Health insurance coverage may be ordered to be provided as part of the maintenance award.
[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].

Spouse's Name After Divorce
The wife may be restored to the use of her former or maiden name.
[Massachusetts General Laws Annotated; Chapter 208, Section 23].

Child Custody After Divorce
Custody may be awarded to either or both parents or to a third party. If there is no marital misconduct, the rights of each parent to custody shall be deemed to be equal. The happiness and welfare of the child shall be the factors that the court considers. In making this consideration, the court shall consider:

1. Whether or not the child's present or past living conditions adversely affect his physical, mental, moral, or emotional health
2. Whether any family member abuses alcohol or other drugs
3. Whether either parent has deserted the child
4. Whether either parent has committed any acts of domestic violence
5. Whether the parents have a history of being able and willing to cooperate in matters concerning the child

Joint custody may be awarded if both parents agree and unless the court finds that joint custody is not in the best interests of the child. If the issue of custody is contested and the parents desire some form of shared custody, a shared parenting plan must be submitted to the court. Provisions in a Marital Settlement Agreement relating to child custody will fulfill this requirement.
[Massachusetts General Laws Annotated; Chapter 208, Sections 28 and 31].

Child Support After Divorce
The court may order either parent to provide maintenance, support (including health insurance), and education for any minor child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Reasons for deviation from the Guidelines are:

1. The parent to pay support has other minor children and there are insufficient financial resources available
2. The parent to pay support has extraordinary expenses (travel-related visitation expenses, uninsured medical expenses, etc.)
3. Other unusual circumstances

There is an official Child Support Guidelines Worksheet contained in the Appendix of Forms.
[Massachusetts General Laws Annotated; Chapter 208, Section 28 and Massachusetts Rules of Court; Appendix of Forms].

Maryland Divorce Laws

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Maryland Divorce Laws

Residency Requirements for Divorce in Maryland
If the grounds for divorce occurred outside of Maryland, 1 of the spouses must have lived in Maryland for at least 1 year prior to filing for divorce. Otherwise, either spouse may file for divorce in Maryland. If insanity is the grounds for divorce, the residency requirement is increased to 2 years. The divorce may be filed for in a county where either spouse resides.
[Annotated Code of Maryland; Family Law, Section 7-103 and Maryland Rules, Rule 9-201].

Legal Grounds for Divorce in Maryland

1. No Fault Divorce:
1. The spouses have voluntarily lived separate and apart for 1 year without interruption or cohabitation and there is no reasonable expectation of reconciliation
2. The spouses have lived separate and apart without interruption for 2 years
[Annotated Code of Maryland; Family Law, Section 7-103].
2. General Divorce:
1. Adultery
2. Deliberate desertion for 12 months with no chance for reconciliation
3. Confinement for incurable insanity of at least 3 years
4. Conviction of a felony or a misdemeanor with at least a 3-year sentence and after 1 year having been served
5. Cruelty, with no chance for reconciliation
6. Vicious conduct, with no chance for reconciliation
[Annotated Code of Maryland; Family Law, Section 7-103].

Legal Separation in Maryland
The grounds for a legal separation (limited divorce) are:

1. Willful desertion
2. Cruel and inhuman treatment
3. Voluntary separation and living separate and apart without cohabitation

The legal separation may be temporary or permanent. The spouses must make a good-faith effort to reconcile their differences.
[Annotated Code of Maryland; Family Law, Section 7-102].

Simplified/Special Divorce Procedures in Maryland
Summary divorces are not permitted in Maryland. However, marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff's testimony that a separation was voluntary if:

1. The agreement states that the spouses voluntarily agreed to separate
2. The agreement was signed under oath before the application for divorce was filed

In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property. The financial statement form is contained in Maryland Rules, Rule 9-203. The form for the Joint Property Statement is contained in Maryland Rules, Rule 9-206. Finally, in a default situation, the divorce may be granted only upon actual testimony of the plaintiff spouse.
[Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].

Divorce Mediation or Counseling Requirements
Maryland specifically declares that it is in the best interests of children that there be mediated resolutions of parental disputes regarding custody. In cases where the custody of a child is in dispute, the court may order the parents to attempt to mediate that issue, unless there is a history of physical or sexual abuse of the child.
[Maryland Rules, Rule 9-205].

Divorce Property Distribution
Maryland is an "equitable distribution" state. The spouses retain their separate property, including:

1. Any gifts and inheritances
2. Property acquired prior to the marriage
3. Property which is directly traceable to property listed in 1 or 2

Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of the property, a sale of the property and a division of the proceeds, or a money award as an adjustment of the values. The court may award the family home to either party. The following factors are considered:

1. The monetary and non-monetary contributions 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 length of the marriage
5. Whether the property award is instead of or in addition to alimony
6. How and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans
7. The circumstances that contributed to the estrangement of the spouses
8. The age and physical and mental condition of the spouses
9. Any other factor necessary to do equity and justice between the spouses

[Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].

Alimony and Spousal Support
Either spouse may be awarded alimony 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 alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
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 mutual agreement between the spouses concerning financial or service contributions by 1 spouse with the expectation of future reciprocation or compensation by the other
11. The ability of the spouse seeking alimony to become self-supporting
12. The circumstances which lead to the breakdown of the marriage
13. Any other factor the court deems just and equitable.

[Annotated Code of Maryland; Family Law, Section 11-106].

Spouse's Name After Divorce
Either spouse's former or birth name may be restored if the purpose is not illegal, fraudulent, or immoral.
[Annotated Code of Maryland; Family Law, Section 7-105].

Child Custody After Divorce
Joint or sole custody may be awarded to either or both parents, based on the best interests of the child. Custody may be denied if the child has been abused by the parent seeking custody. There are no other factors for consideration set out in the statute. The court shall attempt to allow the child to live in the environment and community that is familiar to the child and will generally allow the use and possession of the family home by the person with custody of the child(ren).
[Annotated Code of Maryland; Family Law, Sections 5-203, 8-207, 8-208, and 9-101 and Maryland Case Law].

Child Support After Divorce
Child support may be awarded. There are specific child support guidelines and charts supplied in the statute. There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider:

1. The terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms
2. The presence in the household of either parent of other children that the parent has a duty to support

The family home may be awarded to the parent who has custody of a child to enable the child to continue to live in the environment and community that is familiar to the child.
[Annotated Code of Mary-land; Family Law, Sections 8-206, 12-101, 12-201, 12-202, 12-203, and 12-204 and Maryland Rules; Rule 9-206 (Child Support Guidelines)].

Maine Divorce Laws

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Maine Divorce Laws

Residency Requirements for Divorce in Maine
Either spouse must be a resident of Maine, or the marriage or the grounds for divorce must have occurred in Maine. Otherwise, a person filing for divorce must be a resident of Maine for 6 months immediately prior to filing. The divorce may be filed for in the District Court in the county where either spouse resides. However, the defendant spouse has the right to have the proceeding moved to Superior Court.
[Maine Revised Statutes Annotated; Title 4, Section 155 and Title 19-A, Section 901].

Legal Grounds for Divorce in Maine

1. No Fault Divorce: Irreconcilable marital differences.
[Maine Revised Statutes Annotated; Title 19-A, Section 902].
2. General Divorce:
1. Impotence
2. Adultery
3. Alcoholism or drug addiction
4. Confinement for incurable insanity for 7 consecutive years
5. Desertion for 3 years
6. Cruelty or abuse
7. Nonsupport whereby a spouse is able to provide support but grossly, wantonly, or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse
[Maine Revised Statutes Annotated; Title 19-A, Section 902].

Legal Separation in Maine
Legal separation will be granted if the spouses are or desire to be living apart with just cause for more than 60 days. If there are minor children, mediation between the spouses is required.
[Maine Revised Statutes Annotated; Title 19-A, Section 851].

Simplified/Special Divorce Procedures in Maine
If the divorce is not contested, testimony of a corroborating witness is not necessary.
[Maine Revised Statutes Annotated; Title 19-A, Section 901].

Divorce Mediation or Counseling Requirements
Mediation is mandatory in Maine if 1 of the spouses denies that there are irreconcilable differences or it is a contested divorce and children are involved. In addition, at any time a court may order mediation.
[Maine Revised Statutes Annotated; Title 19-A, Sections 251 and 902].

Divorce Property Distribution
Maine is an "equitable distribution" state. Each spouse retains his or her individual property, including:

1. Any gifts or inheritances
2. Any property acquired prior to marriage
3. Any increase in the value of property listed in 1 or 2 above, or property acquired in exchange for property listed in 1 or 2

The marital property is divided between the spouses after considering 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, including the desirability of awarding the family home or the right to live in the home for a reasonable period of time to the spouse having custody of any children

Marital fault is not a factor.
[Maine Revised Statutes Annotated; Title 19-A, Section 953].

Alimony and Spousal Support
Either spouse may be ordered to pay a reasonable amount of alimony. The court may also order that a spouse's real estate be awarded to the other spouse for life as ali-mony. The court may also order that a lump-sum be paid to the other spouse as alimony. Marital fault is not a factor. There is a presumption that no general alimony or support be awarded if the marriage was for less than 10 years and that, for marriages lasting from 10 to 20 years, the alimony not last over one-half the length of the marriage. The court may ignore this presumption if it appears unjust or inequitable. In addition, the court may award "transitional" support for a spouse's short-term needs and/or for assistance on reentry into the workforce. The factors for consideration set out in the statute are:

1. The duration of the marriage
2. The age of the spouses
3. The standard of living established during the marriage
4. The ability of each spouse to pay
5. The employment history and employment potential of each spouse
6. The income history and income potential of each spouse
7. The education and training of each spouse
8. The provisions for retirement and health insurance benefits for each spouse
9. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home
10. The health and disabilities of each spouse
11. The tax consequences of an alimony award
12. The contributions of either spouse as homemaker
13. The contributions of either spouse to the education or earning potential to the other spouse
14. Economic misconduct of either spouse resulting in the diminution of marital property or income
15. The ability of the party seeking support to become self-supporting within a reasonable length of time
16. The effect of income from marital or non-marital property or child support payments on either spouse's need for or ability to pay spousal support
17. Any other factors the court considers appropriate

[Maine Revised Statutes Annotated; Title 19-A, Sections 851 and 951-A].

Spouse's Name After Divorce
During or after a divorce or annulment, and upon request, a spouse may have their name changed.
[Maine Revised Statutes Annotated; Title 19-A, Section 1051].

Child Custody After Divorce
Based on the best interests of the child, 3 types of custody may be awarded:

1. Responsibilities for the child's welfare are divided, either exclusively or proportionately. The responsibilities to be divided are: primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses, and any other aspects. A parent awarded responsibility for any aspect may be required to inform the other parent of any major changes
2. Parental responsibilities are shared
[most or all of the responsibilities are made on the basis of joint decisions and the parents retain equal parental rights and responsibilities
3. 1 parent is granted full and exclusive rights and responsibility for the child's welfare, except for the responsibility of child support

The factors to be considered are

1. The age of the child
2. The motivation of the parents and their capacities to give the child love, affection, and guidance
3. The preference of the child, if the child is of sufficient age and capacity
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
6. The child's adjustment to his or her home, school, and community
7. The relationship of the child with parents, siblings, and other significant family members
8. The stability of the home environment likely to be offered by each parent
9. A need to promote continuity and stability in the life of the child
10. The parent's capacity and willingness to cooperate
11. Methods for dispute resolution
12. The effect on the child of 1 parent having sole authority over his or her upbringing
13. The existence of any domestic violence or child abuse
14. Any history of child abuse by a parent
15. Any misuse of "protection from abuse" orders to gain a tactical advantage in the case
16. Whether the child, if under age 1, is being breastfed
17. Any other factors having a reasonable bearing on the child's upbringing

No preference is to be given because of a parent's sex or because of the child's age or sex. In any child custody case, the court may order an investigation of the parents and child by the Department of Human Services.
[Maine Revised Statutes Annotated; Title 19-A, Sections 1501 and 1653].

Child Support After Divorce
Either or both parents may be ordered to pay child support, regardless of any marital fault. An order for support may require that a parent be responsible for an insurance policy covering the child's medical, hospital, and other health care expenses. There are official Child Support Guidelines contained in the statute. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust, inappropriate, or not in the best interests of the child under the particular circumstances in a case. There are also official child support guideline forms in use. Deviation from the guidelines is allowed under the following circumstances:

1. The non-primary residential caretaker is providing residential care over 30% of the time
2. The number of children requiring support is over 6
3. Child support, spousal support, and property division is being decided at the same time
4. The financial resources of the child
5. The financial resources and needs of each parent, including any nonrecurring income not included in the definition of gross income
6. The standard of living the child would have had if the marriage had continued
7. The physical and emotional condition of the child
8. The educational needs of the child
9. Inflation in relation to the cost of living
10. Income and financial contributions of a spouse of each parent
11. Other dependents of the parent required to pay support
12. The tax consequences of a support award
13. Any non-income-producing assets of over $10,000.00 owned by either parent
14. Whether any of the children are over 12 years old
15. The cost of transportation of any child

[Maine Revised Statutes Annotated; Title 19-A, Sections 2001 to 2009].

Louisiana Divorce Laws

2008-01-14T10:02:00.000-08:00

Louisiana Divorce Laws

Residency Requirements for Divorce in Louisiana
The spouse filing for divorce must have been a resident of Louisiana for 12 months prior to filing for divorce. The divorce must be filed in the parish of the respondent/defendant, made in writing, signed by the party making it, and registered by the Recorder.
[Louisiana Code of Civil Procedure; Article 42].

Legal Grounds for Divorce in Louisiana

1. No Fault Divorce: That a spouse desires a divorce is a grounds for divorce in Louisiana. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition. Reconciliation is essentially the only defense to a divorce sought on these grounds.
[Louisiana Civil Code Annotated; Title V, Article 102].
2. General Divorce: In the case of a covenant marriage:
1. That the spouses have been living separate and apart for a period of 2 years or more on the date of filing the petition
2. that the other spouse has committed adultery
3. that the other spouse has committed a felony and has been sentenced to death or imprisonment with hard labor
4. physical or sexual abuse of a spouse or child
5. abandonment for 1 year or more
6. living separate and apart for 1 year or more after a legal separation
[Louisiana Civil Code Annotated; Title V, Article 103 and Louisiana Revised Statutes; Section 9-308].

Legal Separation in Louisiana
The grounds for legal separation (separation from bed and board) in Louisiana are the same as those for divorce from a covenant marriage (with the addition of habitual drunkeness). However, a spouse may petition the court for spousal and/or child support and restitution of separate property during a marriage. This is intended to provide for those spouses who desire to live apart, but not divorce.
[Louisiana Statutes Annotated; Article 9, Chapters 291 and 307].

Simplified/Special Divorce Procedures in Louisiana
The new no-fault divorce grounds in Louisiana are very simplified. No answer need be made by a respondent to a Petition for Divorce filed in Louisiana. In order to obtain a final Judgment of Divorce, a motion entitled "Rule to Show Cause" must be filed with the court. However, each judicial district in Louisiana may have specific individual rules pertaining to divorce actions. Please refer to the Louisiana Rules of Court for the rules in a particular judicial district. Sample forms for use in various divorce case situations (including a sample Petition for Divorce) are contained in Louisiana Forms; Forms 370+.
[Louisiana Civil Code Annotated; Article 102, Louisiana Forms; Forms 370+, and Louisiana Code of Civil Procedure; Articles 3951 to 3956].

Divorce Mediation or Counseling Requirements
If child custody is an issue, the court may require that the parents submit to mediation.
[Louisiana Civil Code Annotated; Article 131 and Louisiana Revised Statutes Annotated; Article 9, Section 351].

Divorce Property Distribution
Louisiana is a "community property" state. A spouse's separate property, consisting of property acquired prior to the marriage and property acquired by gift or inheritance, is awarded to that spouse. The community property is divided equally between the spouses. Personal property necessary for the safety and well-being of the spouse filing for divorce and any children in his or her custody (including food, eating utensils, clothing, and any other items necessary for their safety and well-being) will be awarded to the spouse filing. Either spouse may ask the court for use and occupancy of the family residence pending the final division of the community property. The court bases the temporary award of the family residence on the following factors:

1. The value of each spouse's personal property
2. The economic circumstances of each spouse at the time the division of property is to become effective
3. Needs of the children. In addition, a spouse may be awarded a sum of money for his or her financial contributions made during a marriage to the education or training of a spouse that increased the other spouse's earning capacity

[Louisiana Civil Code Annotated; Article 121 and Louisiana Statutes Annotated; Article 9, Chapter 384].

Alimony and Spousal Support
During the divorce proceeding, either spouse may be ordered to pay temporary alimony. Permanent periodic alimony may be granted to the spouse who is without fault. Such alimony shall not exceed one-third of the other spouse's income. The factors considered are

1. The effect of child custody on the spouse's earning capacity
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
3. The income, means, and assets of the spouses and the liquidity of the assets
4. The comparative financial obligations of the spouses
5. The age and health of the spouses
6. The needs of the parties
7. The earning capacity of the parties
8. The duration of the marriage
9. The tax consequences of the parties
10. Any other relevant circumstances

Permanent alimony may be revoked upon remarriage or cohabitation.
[Louisiana Civil Code Annotated; Articles 111 and 112].

Spouse's Name After Divorce
There is no statutory provision in Louisiana for restoration of a spouse's name upon divorce. Case law notes the allowance of resumption of a wife's maiden name. In addition, a person may generally petition the court for change of name.
[Louisiana Statutes Annotated; Article 13-4751 and Louisiana Case Law].

Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child. The following order of preference is established:

1. To both parents
2. To either parent [without regard to race or sex of the parents]
3. To the person or persons with whom the child has been living
4. To any other person that the court feels suitable and able to provide an adequate and stable environment for the child

Unless shown otherwise or unless the parents agree otherwise, joint custody is presumed to be in the best interests of the child and will be awarded based on the following factors:

1. Physical, emotional, mental, religious, and social needs of the child
2. Capability and desire of each parent to meet the child's needs
3. Preference of the child, if the child is of sufficient age and capacity
4. The love and affection existing between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. The wishes of the parents
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 existing or proposed custodial home
11. The distance between the poten-tial residences
12. The moral fitness of the parents
13. Any other relevant factor. The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child

The parents must submit a plan for joint custody which designates:

1. The child's residence
2. The rights of access and communication between the parents and child
3. Child support amounts

A parent not granted custody is entitled to visitation rights unless that parent has subjected the child to physical or sexual abuse. The court may order the parents to attend a court-approved parenting seminar.
[Louisiana Civil Code Annotated; Articles 131, 132, 133, and 134, Louisiana Statutes Annotated; Article 9, Section 306, and Louisiana Case Law].

Child Support After Divorce
Both parents are obligated to support any children of a marriage. The factors for consideration listed in the statute are:

1. The needs of the child
2. The actual resources of each parent

In addition, Louisiana has adopted detailed Child Support Guideline provisions which are contained in the statute. These guidelines are presumed to be correct, unless 1 of the following factors make the guidelines unjust or not in the best interests of the child:

1. Extraordinary medical expenses of the child or parent responsible for support payments
2. The permanent or temporary total disability of the parent responsible for support
3. The need for immediate or temporary support
4. An extraordinary community debt of the parents
5. That the combined income of the parents is less than that in the guideline charts
6. Any other relevant consideration

[Louisiana Revised Statutes Annotated; Article 9, Sections 302+].

Kentucky Divorce Laws

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Kentucky Divorce Laws

Residency Requirements for Divorce in Kentucky
The spouse filing for dissolution of marriage must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing. The dissolution of marriage may be filed in a county where either spouse usually resides.
[Kentucky Revised Statutes; Title 35, Chapters 403.140 and 452.470].

Legal Grounds for Divorce in Kentucky

1. No Fault Divorce: Irretrievable breakdown of the marriage. A final dissolution of marriage will not be granted until the spouses have lived apart for 60 days. ("Living apart" includes living in the same house but not sharing sex).
[Kentucky Revised Statutes; Title 35, Chapter 403.170].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Kentucky.
[Kentucky Revised Statutes; Title 35, Chapter 403.140].

Legal Separation in Kentucky
Irretrievable breakdown of the marriage is the only grounds for legal separation (or divorce from bed and board) in Kentucky. The spouse filing for legal separation must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing.
[Kentucky Revised Statutes; Title 35, Chapters 403.050 and 403.140].

Simplified/Special Divorce Procedures in Kentucky
Marital settlement agreements and separation agreements are specifically authorized.
[Kentucky Revised Statutes; Title 35, Chapter 403.180]

Divorce Mediation or Counseling Requirements
If 1 spouse disagrees that the marriage is irretrievably broken, the court may delay the dissolution of marriage proceedings for 60 days and suggest the spouses seek counseling. In addition, at a spouse's request or on the court's own initiative, a conciliation conference may be ordered by the court.
[Kentucky Revised Statutes; Title 35, Chapter 403.170].

Divorce Property Distribution
Kentucky is an "equitable distribution" state. The spouses are allowed to keep their separate property (property acquired before the marriage and any gifts or inheritances). All other property (their marital property) is divided, without regard to any marital misconduct, in just proportions, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse awarded custody of any children
4. The length of the marriage
5. Any retirement benefits

[Kentucky Revised Statutes; Title 35, Chapter 403.190].

Alimony and Spousal Support
Either spouse may be awarded maintenance if:

1. That spouse lacks the property to provide for his or her own needs
2. That spouse is unable to find appropriate employment, or is unable to work because of obligations to care for children or others in his or her custody

Marital fault is not a factor to be considered. The award is then 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 such spouse's ability to meet his or her needs independently and any share of a child support award intended for the custodian
6. The physical and emotional conditions of the spouses

[Kentucky Revised Statutes; Title 35, Chapter 403.200].

Spouse's Name After Divorce
If there are no children, and at the wife's request, the wife's maiden name may be restored.
[Kentucky Revised Statutes; Title 35, Chapter 403.230].

Child Custody After Divorce
The court may award sole or joint custody, giving equal consideration to either spouse. Custody is awarded based on the best interests of the child and on the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any evidence of domestic violence
7. Whether the child has been cared for and/or supported by a non-parent primary caregiver
8. The intent of the parent[s] in placing the child with a non-parent primary giver [ie., to avoid domestic violence, or to allow the parent to seek work or attend school, etc]

Any conduct of a parent that does not affect the relationship with the child is not to be considered. Abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.
[Kentucky Revised Statutes; Title 35, Chapter 403.270].

Child Support After Divorce
Either or both parents may be ordered to provide a reasonable amount of child support, without regard to any marital misconduct, and based on the official Child Support Guidelines which are contained in the statute. These guidelines are presumed to be correct, but may be adjusted based on the following considerations:

1. A child's extraordinary medical or dental needs
2. A child's extraordinary educational, job training, or special needs
3. Either parent's extraordinary needs, such as medical expenses
4. The independent financial resources of the child
5. The combined parental income in excess of the Kentucky child support guidelines amounts
6. An agreement between the parents on child support, provided that no public assistance is being provided
7. Any other extraordinary circumstance

In addition, the court may order a parent to provide health care insurance coverage for the child.
[Kentucky Revised Statutes; Title 35, Chapters 403.210 to 403.212].

Kansas Divorce Laws

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Kansas Divorce Laws

Residency Requirements for Divorce in Kansas
Either spouse must have been a resident of Kansas for 60 days immediately before filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 607 and 1603].

Legal Grounds for Divorce in Kansas

1. No Fault Divorce: Incompatibility.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].
2. General Divorce:
1. Failure to perform a marital duty or obligation
2. Incompatibility due to mental illness
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1601].

Legal Separation in Kansas
Either spouse must have been a resident of Kansas for 60 days immediately before filing for legal separation. The grounds for legal separation are:

1. Incompatibility
2. Failure to perform a marital duty or obligation
3. Incompatibility due to mental illness

[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1601 and 1603].

Simplified/Special Divorce Procedures in Kansas
Only 1 spouse need testify as to the facts in the divorce. In addition, marital settlement agreements are specifically authorized. Also, child custody and child residency agreements are specifically authorized and are presumed to be in the best interests of the child.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1609 and 1610].

Divorce Mediation or Counseling Requirements
On either spouse's request, or on its own initiative, the court may require that the spouses seek marriage and/or family counseling if marriage counseling services are available in the judicial district where the divorce is sought. Unless in emergency situations, there is a mandatory 60-day delay from the time the petition is filed until a final Decree of Divorce may be granted.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1608 and 1617].

Divorce Property Distribution
Kansas is an "equitable distribution" state. The court may divide all of the spouse's property, including:

1. Any gifts and inheritances
2. Any property owned before the marriage
3. Any property acquired in a spouse's own right during the marriage
4. Any property acquired by the spouse's joint efforts

Property distribution may include actual division of the property, an award of all or part of the property to 1 spouse with a just and reasonable payment to the other, or a sale of the property and a division of the proceeds. The court considers the following factors:

1. The value of each spouse's property
2. The length of the marriage
3. The age of the spouses
4. Whether the property award is instead of or in addition to maintenance
5. How and by whom the property was acquired
6. The present and future earning capacity of the spouses
7. Family ties and obligations
8. Any dissipation of assets by a spouse
9. The tax consequences of property distribution
10. Any other factor necessary to do equity and justice between the spouses

[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Alimony and Spousal Support
Either spouse may be awarded maintenance for a period of up to 121 months. After 121 months, the recipient may apply for an extension of 1 more 121-month period. The amount awarded is whatever is judged to be fair, just, and equitable. There are no specific statutory factors for consideration. Payments are to be made through the clerk of the court or through the court trustee.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Spouse's Name After Divorce
Upon a spouse's request, a wife's maiden name will be restored.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Child Custody After Divorce
If the parents have entered into a written agreement regarding child custody, the court will approve it if it is in the best interests of the child. Where there is no agreement, the court may award joint or sole custody based on the best interests of the child and upon the following factors:

1. The length of time and circumstances under which the child may have been under the care of someone other than a parent
2. Preference of the child
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The relationship of the child with parents, siblings, and other significant family members
6. The willingness of each parent to respect and appreciate the bond between the child and the other parent and allow for a continuing relationship between the child and the other parent
7. Any evidence of spousal abuse

There is to be no preference given based on the sex of the parent, regardless of the age of the child. Joint custody may be awarded if the court finds both parents suitable. The court may order that a joint custody plan be submitted to the court by the parents.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subject 1610].

Child Support After Divorce
Either or both parents may be ordered to pay child support, without regard to any marital misconduct, based on the following factors:

1. The financial resources of the child
2. The physical and emotional conditions and educational needs of the child
3. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

Child support payments are to be paid through the clerk of the court or through the court trustee, unless the court orders otherwise. There are specific Supreme Court Child Support Guidelines contained in Kansas Statutes Annotated Chapter 20, Subject 165.
[Kansas Statutes Annotated; Chapter 20, Subject 165 and Chapter 60, Article 16, Subject 1610].

Iowa Divorce Laws

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Iowa Divorce Laws

Residency Requirements for Divorce in Iowa
If the defendant spouse is a resident of Iowa and was personally served the dissolution of marriage papers, there is no residency requirement for the spouse filing the dissolution of marriage. Otherwise, there is a 1-year residency requirement. In addition, there is a 90-day waiting period prior to the dissolution of marriage becoming final. The dissolution of marriage may be filed in a county where either spouse resides.
[Iowa Code Annotated; Sections 598.2, 598.6, and 598.19].

Legal Grounds for Divorce in Iowa

1. No Fault Divorce: Breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
[Iowa Code Annotated; Sections 598.5 and 598.17].
2. General Divorce: The only grounds for dissolution of marriage in Iowa are that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
[Iowa Code Annotated; Sections 598.5 and 598.17].

Legal Separation in Iowa
If the defendant spouse is a resident of Iowa and was personally served legal papers, there is no residency requirement for the spouse filing the legal separation. Otherwise, there is a 1-year residency requirement. The grounds for legal separation in Iowa are that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
[Iowa Code Annotated; Sections 598.5, 598.6, 598.17, and 598.28].

Simplified/Special Divorce Procedures in Iowa
There are no legal provisions in Iowa for simplified dissolution of marriage. However, sample petition captions and contents are contained in Iowa Code Annotated; Sections 598.4 and 598.5. In addition, both spouses are required to file Financial Affidavits on official forms which are available from the clerk of every district court.
[Iowa Code Annotated; Sections 598.4, 598.5, and 598.13].

Divorce Mediation or Counseling Requirements
If either spouse requests, or on the court's own initiative, the spouses may be ordered to participate in conciliation procedures for a period of 60 days. A course on children's needs is required for all parents when custody is at issue within 45 days of the commencement of the case.
[Iowa Code Annotated; Section 598.16 and 598.19A].

Divorce Property Distribution
Iowa is an "equitable distribution" state. The court will divide all of the spouse's property whether it was acquired before or after the marriage, except any gifts and inheritances received prior to or during the marriage. A portion of the property may be set aside in a fund for the support, maintenance, and education of any minor children. Marital fault is not a factor. The following factors are considered in any division of property:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker or in childcare
2. The value of any property brought to the marriage
3. The contribution by 1 party to the education, training, or increased earning capacity of the other
4. The length of the marriage
5. The age and physical and emotional health of the spouses
6. The vocational skills of the spouses
7. The time and expense necessary to acquire skills and training to become self-sufficient
8. The federal income tax consequences of the court's division of the property
9. The time and expense necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
10. Any premarital or marital settlement agreement
11. The present and potential earning capability of each spouse, including educational background, training, employment skills, work experience, and length of absence from the job market
12. Whether the property award is instead of or in addition to alimony and the amount and duration of any such alimony award
13. The total economic circumstances of the spouses, including any pension benefits
14. The desirability of awarding the family home to the spouse with custody of any children
15. Any custodial provisions for the children
16. The amount and duration of any maintenance payments

[Iowa Code Annotated; Section 598.21].

Alimony and Spousal Support
Maintenance may be granted to either spouse for a limited or indefinite time, based on the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and become self-supporting
2. The duration of the marriage
3. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
4. The tax consequences to each spouse
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The work experience and length of absence from the job market of the spouse seeking alimony
8. The vocational skills and employability of the spouse seeking support and alimony
9. The probable duration of the need of the spouse seeking support and alimony
10. Custodial and child support responsibilities
11. The educational level of each spouse at the time of the marriage and at the time the action for support is commenced
12. Any premarital or other agreements
13. The earning capacity of the spouse seeking maintenance, including the educational background, employment skills, and work experience
14. Any other factor the court deems just and equitable

Marital misconduct is not a factor. Maintenance payments may be ordered to be paid through the court.
[Iowa Code Annotated; Sections 598.21, 598.22, and 598.32].

Spouse's Name After Divorce
Upon dissolution of marriage, either spouse may request to change his or her name to a former or maiden name.
[Iowa Code Annotated; Section 598.37].

Child Custody After Divorce
Joint or sole custody may be awarded in the best interests of the child and in a manner which will encourage the parents to share the rights and responsibilities of raising the child. Joint custody may be awarded if either parent requests and if it is in the best interests of the child and based on the following factors:

1. The ability of the parents to cooperate
2. The ability to support the child's relationship with the other parent
3. The physical proximity of the parents to each other
4. The fitness and suitability of the parents
5. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
6. Whether both parents have actively cared for the child before and since the separation
7. Whether the psychological and emotional needs and development of the child will suffer because of lack of contact with both parents
8. Whether the safety of the child will be jeopardized by an award of joint custody or unsupervised visitation
9. Whether 1 or both parents agree to, or are opposed to, joint custody
10. Any history of domestic abuse. However, the court may grant joint custody even when both parents do not agree to joint custody

[Iowa Code Annotated; Section 598.41].

Child Support After Divorce
Either or both parents may be ordered to pay a reasonable and necessary amount of child support. Child support payments may be ordered to be paid directly to the court. Specific Child Support Guideline Charts are available at www.judicial.state.ia.us/families/childsupg.asp. The amount of child support determined by use of the Guideline Charts is presumed to be correct, but may be adjusted for fairness or special needs of the child.
[Iowa Code Annotated; Section 598.21].

Indiana Divorce Laws

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Indiana Divorce Laws

Residency Requirements for Divorce in Indiana
One of the spouses must have been a resident of the state for 6 months and the county for 3 months in which the petition is filed for immediately prior to filing for dissolution of marriage.
[Annotated Indiana Code; Title 31, Article 15, Chapter 2-6].

Legal Grounds for Divorce in Indiana

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Annotated Indiana Code; Title 31, Article 15, Chapter 2-3].
2. General Divorce:
1. Impotence at the time of marriage
2. Conviction of a felony
3. Incurable mental illness for 2 years.
[Annotated Indiana Code; Title 31, Article 15, Chapter 2-3].

Legal Separation in Indiana
One of the spouses must have been a resident of the state for 6 months and the county for 3 months immediately prior to filing for legal separation. A legal separation may be granted on the grounds that it is currently intolerable for the spouses to live together, but that the marriage should be maintained.
[Annotated Indiana Code; Title 31, Article 15, Chapters 3-2 and 3-3].

Simplified/Special Divorce Procedures in Indiana
The court may enter a summary dissolution decree without holding a court hearing in all cases in which the following requirements have been met:

1. 60 days have elapsed since the filing of a petition for dissolution
2. The petition was verified and signed by both spouses
3. The petition contained a written waiver of a final hearing
4. The petition contained either:
* A statement that there are no contested issues
* That the spouses have made a written agreement in settlement of any contested issues

If there are some remaining contested issues, the court may hold a final hearing on those remaining contested issues. In addition, marital settlement agreements are specifically authorized in Indiana.
[Annotated Indiana Code; Title 31, Article 15, Chapters 2-13 and 2-17].

Divorce Mediation or Counseling Requirements
Upon the request of either spouse or if the court believes that there is a reasonable possibility of reconciliation, the dissolution of marriage proceedings may be delayed for up to 45 days and the spouses may be ordered to seek counseling.
[Annotated Indiana Code; Title 31, Article 15, Chapters 2-10 and 9.4-1].

Divorce Property Distribution
Indiana is an "equitable distribution" state. The court will divide all of the spouses' property in a just manner, whether jointly or separately owned and whether acquired before or after the marriage, including any gifts or inheritances. There is a presumption that an equal division is just and reasonable. Marital fault is not a factor. The following factors are considered:

1. The contribution of each spouse to the acquisition of the marital property, regardless of whether the contribution was income-producing
2. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family residence to the spouse having custody of the children
3. The actual earnings and the present and potential earning capability of each spouse
4. The extent to which the property was acquired by each spouse prior to marriage or through gift or inheritance
5. The conduct of the spouses during the marriage as it relates to the disposition of their property
6. The tax consequences of any property division

If there is insufficient marital property, the court may award money to either spouse as reimbursement for the financial contribution by 1 spouse toward the higher education of the other.
[Annotated Indiana Code; Title 31, Article 15, Chapter 7].

Alimony and Spousal Support
Maintenance will be awarded to a spouse who:

1. Is physically or mentally incapacitated to the extent that he or she is unable to support himself or herself
2. Lacks sufficient property to provide support for himself or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child. Marital fault is not a factor

In addition, rehabilitative maintenance may be granted to a spouse for up to 3 years, based on the following factors:

1. The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The educational level of each spouse at the time of the marriage and at the time the action is commenced
3. Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or childcare responsibilities, or both
4. The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market

[Annotated Indiana Code; Title 31, Article 15, Chapter 7].

Spouse's Name After Divorce
Upon request, the wife's former name may be restored.
[Annotated Indiana Code; Title 31, Article 15, Chapter 2-18].

Child Custody After Divorce
Joint or sole custody is granted based on the best interests of the child, and based upon the following factors:

1. The age and sex of the child
2. The preference of the child
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members

Joint custody may be awarded if it is in the best interest of the child and based upon the following factors:

1. The physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside
2. The fitness and suitability of the parents
3. The nature of the physical and emotional environment in the home of each of the persons awarded joint custody
4. The willingness and ability of the persons awarded joint custody to communicate and cooperate in advancing the child's welfare
5. The wishes of the child
6. Whether the child has established a close and beneficial relationship with both of the persons awarded joint custody

[Annotated Indiana Code; Title 31, Article 15, Chapters 17-2-8, 17-2-8.5, and 17-2-15].

Child Support After Divorce
Either parent may be ordered to pay reasonable child support, without regard to marital fault, based on the following factors:

1. The standard of living the child would have enjoyed if the marriage had not been dissolved
2. The physical and emotional conditions and educational needs of the child
3. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

Support may be ordered to include medical, hospital, dental, and educational support. Support payments may be required to be paid through the clerk of the court. Specific Indiana Child Support Rules and Guidelines are contained in the Indiana Supreme Court Child Support Rules.
[Annotated Indiana Code; Title 31, Article 15, Chapter 6].

Illinois Divorce Laws

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Illinois Divorce Laws

Residency Requirements for Divorce in Illinois
The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].

Legal Grounds for Divorce in Illinois

1. No Fault Divorce: Irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or further attempts at reconciliation are impractical and the spouses have been living separate and apart without cohabitation for 2 years. (If both spouses consent, the time period becomes 6 months).
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
2. General Divorce:
1. Impotence
2. Adultery
3. Habitual drunkenness for 2 years and/or drug addiction
4. Conviction of a felony
5. Willful desertion for 1 year
6. Cruel and inhuman treatment
7. Attempted poisoning or otherwise endangering the life of the spouse
8. Infection of the other spouse with a communicable disease
9. Bigamy
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].

Legal Separation in Illinois
The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides. Any person living separate and apart from his or her spouse, without fault, may obtain a legal separation with provisions for reasonable support and maintenance.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 402].

Simplified/Special Divorce Procedures in Illinois
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure:

1. The spouses must not have been married over 5 years
2. The spouses must neither have had nor adopted any children
3. The wife cannot now be pregnant by the husband
4. Neither spouse can own any real estate
5. Both spouses must certify that neither is dependent on the other for support (or must waive any type of alimony)
6. The market value of all marital property must be less than $5,000.00
7. The combined gross annual income of both spouses must be less than $25,000.00.

Forms are available at any Office of the Clerk of a Circuit Court.

Divorce Mediation or Counseling Requirements
At the request of either spouse, or on the court's own initiative, the court may order a conciliation conference if it is felt that there is a prospect of reconciliation.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404].

Divorce Property Distribution
Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors:

1. The contribution of each spouse to the acquisition or dissipation of the marital or non-marital property, including the contribution of each spouse as homemaker or to the family unit
2. The value of each spouse's non-marital property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. The federal income tax consequences of the court's division of the property
12. Any premarital agreement
13. Liabilities of the spouses (including obligations from a prior marriage)
14. Whether the property award is instead of or in addition to maintenance
15. Any custodial provisions for the children

[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503].

Alimony and Spousal Support
The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age of the spouses
5. The physical and emotional conditions of the spouses
6. The income and property of each spouse
7. Whether the spouse seeking support is able to support himself or herself or is unable to seek employment because he or she is the custodian of a child
8. Any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse
9. Any marital settlement agreement
10. Any other just and equitable factor

[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504].

Spouse's Name After Divorce
Upon the wife's request, her maiden or former name will be restored.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 413]

Child Custody After Divorce
Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any history of violence or threat of abuse by a parent, whether directed against the child or against another person
7. The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent

Marital misconduct that does not directly affect the parent's relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.

For an award of joint custody, the court will also consider the following factors:

1. The ability of the parents to cooperate effectively and consistently
2. The residential circumstances of each parent
3. Any other relevant factor

The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for:

1. Personal care of the child
2. Major educational, health care, and religious training decisions

The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time. The physical residence for the child is to be determined by either:

1. An agreement between the parents
2. A court order based on the factors listed above

[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603.1, and 610].

Child Support After Divorce
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered:

1. The financial resources and needs of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional conditions and educational needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

The court may require support to include payment of a child's health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver's licenses may be revoked if child support obligations are not met.
[625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].

Idaho Divorce Laws

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Idaho Divorce Laws

Residency Requirements for Divorce in Idaho
The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701].

Legal Grounds for Divorce in Idaho

1. No Fault Divorce:
1. Irreconcilable differences
2. Living separate and apart without cohabitation for a period of 5 years
[Idaho Code; Title 32, Chapters 603 and 610].
2. General Divorce:
1. Adultery
2. Permanent insanity
3. Conviction of a felony
4. Willful desertion
5. Extreme cruelty
6. Willful neglect
7. Habitual intemperance (drunkenness)
[Idaho Code; Title 32, Chapters 603 to 610].

Legal Separation in Idaho
There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart.
[Idaho Code; Title 32, Chapter 610].

Simplified/Special Divorce Procedures in Idaho
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.
[Idaho Code; Title 32, Chapters 917 and 918].

Divorce Mediation or Counseling Requirements
There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
[Idaho Code; Title 32, Chapter 716].

Divorce Property Distribution
Idaho is a "community property" state. Each spouse's separate property consists of:

1. all property acquired prior to the marriage
2. property acquired by gift either before or during the marriage
3. property acquired by individual gift before or during the marriage

The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:

1. Any marital misconduct
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. Any premarital agreement
9. The present and potential earning capability of each spouse
10. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
11. The liabilities of the spouses
12. The needs of the spouses
13. Whether the property award is instead of or in addition to maintenance

[Idaho Code; Title 32, Chapters 712 and 903 to 919].

Alimony and Spousal Support
The court may award maintenance to a spouse, if that spouse:

1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through employment

The award of maintenance is based on the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
5. The tax consequences to each spouse
6. The age of the spouses
7. the physical and emotional conditions of the spouses
8. The fault of either party

[Idaho Code; Title 32, Chapter 705].

Spouse's Name After Divorce
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court.
[Idaho Code; Title 7, Chapter 801-4].

Child Custody After Divorce
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:

1. The preference of the child
2. The wishes of the parents
3. The character and circumstances of all individuals involved
4. The relationship of the child with parents, siblings, and other significant family members
5. The child's adjustment to his or her home, school, and community
6. A need to promote continuity and stability in the life of the child
7. Domestic violence, whether or not in the presence of the child

Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.
[Idaho Code; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].

Child Support After Divorce
The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:

1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent's community property share of the financial resources or obligations with a new spouse)
5. The availability of reasonable medical insurance coverage for the child
6. The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes

There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.
[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].

Hawaii Divorce Laws

2007-12-11T13:47:00.000-08:00

Hawaii Divorce Laws

Residency Requirements for Divorce in Hawaii
The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].

Legal Grounds for Divorce in Hawaii

1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
[Hawaii Revised Statutes; Title 580, Chapter 41].
2. General Divorce: Legal separation and there has been no reconciliation.
[Hawaii Revised Statutes; Title 580, Chapter 41].

Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].

Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].

Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].

Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:

1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances

[Hawaii Revised Statutes; Title 580, Chapter 47].

Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:

1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance

[Hawaii Revised Statutes; Title 580, Chapter 47].

Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].

Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].

Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:

1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income

There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].

Georgia Divorce Laws

2007-12-10T07:20:00.000-08:00

Georgia Divorce Laws

Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].

Legal Grounds for Divorce in Georgia

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].

Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].

Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.

Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.

Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].

Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.

[Code of Georgia Annotated; 19-5-5+].

Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].

Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:

1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse

There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].

Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:

1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses

[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]

Florida Divorce Laws

2007-12-09T10:40:00.000-08:00

Florida Divorce Laws

Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].

Legal Grounds for Divorce in Florida

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].

Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].

Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:

1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken

The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].

Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].

Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses

Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:

1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors

[Florida Statutes Annotated: Chapters 61.075 and 61.077].

Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable

Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].

Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].

Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:

1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors

No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].

Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:

1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable

Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].

Delaware Divorce Laws

2007-12-06T10:54:00.000-08:00

Delaware Divorce Laws

Residency Requirements for Divorce in Delaware
One spouse musthave been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Delaware Code Annotated; Title 13, Chapters 1504 and 1507].

Legal Grounds for Divorce in Delaware

1. No Fault Divorce:
1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
* voluntary separation
* separation caused by the other spouse's misconduct or mental illness
* separation caused by incompatibility
2. Living apart for 6 months because of incompatibility].
[Delaware Code Annotated; Title 13, Chapter 1505].
2. General Divorce: Separation caused by mental illness.
[Delaware Code Annotated; Title 13, Chapter 1505].

Legal Separation in Delaware
There is no legal provision in Delaware for legal separation.

Simplified/Special Divorce Procedures in Delaware
The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.
[Delaware Code Annotated; Title 13, Chapter 1508].

Divorce Mediation or Counseling Requirements
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified "parenting education course." If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.
[Delaware Code Annotated; Title 13, Chapters 1507 and 1517].

Divorce Property Distribution
Delaware is an "equitable distribution" state. A spouse's separate property is that which is:

1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property

All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court's division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children

[Delaware Code Annotated; Title 13, Chapter 1513].

Alimony and Spousal Support
Either spouse may be awarded alimony if he or she:

1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment

Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.

Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate

Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:

1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony

Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.
[Delaware Code Annotated; Title 13, Chapter 1512].

Spouse's Name After Divorce
Upon request, the wife may resume her former or maiden name.
[Delaware Code Annotated; Title 13, Chapter 1514].

Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child

The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.

In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are:

1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents' decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other

[Delaware Code Annotated; Title 13, Chapters 722 and 1507].

Child Support After Divorce
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:

1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents

[Delaware Code Annotated; Title 13, Chapters 501, 514, and 701].

Connecticut Divorce Laws

2007-12-05T00:38:00.000-08:00

Connecticut Divorce Laws

Residency Requirements for Divorce in Connecticut
The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and Title 51, Chapter 349].

Legal Grounds for Divorce in Connecticut

1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
2. General Divorce:
1. Adultery
2. Life imprisonment
3. Confinement for incurable insanity for a total of 5 years
4. Willful desertion and nonsupport for 1 year
5. 7 years absence
6. Cruel and inhuman treatment
7. Fraud
8. Habitual intemperance (drunkenness)
9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].

Legal Separation in Connecticut
A legal separation may be granted on the following grounds:

1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year

There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].

Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:

1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property

[Connecticut General Statutes Annotated; Title 46b, Chapter 51].

Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and 53(a)].

Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage

[Connecticut General Statutes Annotated; Title 46b, Chapter 81].

Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following factors:

1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony

[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and 86].

Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].

Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of the child and the following factors:

1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice

There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].

Child Support After Divorce
Either parent may be ordered to contribute child support, based on the following factors:

1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents

Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84].

Colorado Divorce Laws

2007-12-04T07:05:00.000-08:00

Colorado Divorce Laws

Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].

Legal Grounds for Divorce in Colorado

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].

Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].

Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:

1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers

A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].

Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].

Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.

[Colorado Revised Statutes; Article 10, Section 14-10-113].

Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:

1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home

For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities

Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].

Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].

Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:

1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs

Visitation may be restricted if there is a danger to the child.

Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:

1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child

The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:

1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents

[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].

Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:

1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and 14-10-117].

California Divorce Laws

2007-11-29T00:05:00.000-08:00

California Divorce Laws

Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].

Legal Grounds for Divorce in California

1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].

Legal Separation in California
The grounds for obtaining a legal separation in California are:

1. Irreconcilable differences
2. Incurable insanity.

A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].

Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:

1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved

Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].

Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].

Divorce Property Distribution
California is a "community property" state. Any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:

1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.

[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].

Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:

1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
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 and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable

Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].

Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].

Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:

1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances

Marital misconduct may also be considered. Custody is awarded in the following order of preference:

1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child

However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].

Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:

1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending

A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:

1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order

The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.
[Annotated California Code; Sections 3024, 3622, 4001, 4050, Judicial Council Forms, and California Rules of Court].

Arkansas Divorce Laws

2007-05-30T19:33:00.000-07:00

Arkansas Divorce Laws

Residency Requirements for Divorce in Arkansas
A spouse must reside in the state for 60 days to file for divorce and for 3 months before a divorce will be finalized. The divorce should be filed in the county of the plaintiff. However, if the plaintiff is a non-resident of Arkansas, the divorce may be filed in the county where the defendant resides. The venue requirements may be waived in Arkansas.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-301 and 12-303].

Legal Grounds for Divorce in Arkansas

1. No Fault Divorce: Voluntarily living separately without cohabitation for 18 months.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
2. General Divorce:
1.Impotence
2.Adultery
3.Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
4.Conviction of a felony
5.Cruel and inhuman treatment which endangers the life of the spouse
6.Personal indignities
7.Habitual intemperance (drunkenness) for 1 year
8.Commission and/or conviction of an infamous crime
9.Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].
Legal Separation in Arkansas
Legal separation may be granted for the following reasons:

1.Impotence
2.Adultery
3.Confinement for incurable insanity or separation caused by mental illness for a period of 3 years
4.Conviction of a felony
5.Willful desertion for 1 year
6.Cruel and inhuman treatment which endangers the life of the spouse
7.Personal indignities
8.Habitual intemperance (drunkenness) for 1 year
9.Commission and/or conviction of an infamous crime
10.Voluntary separation for 18 months
11.Nonsupport whereby the spouse is able to provide support but willfully fails to provide suitable maintenance for the complaining spouse.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-301].

Simplified/Special Divorce Procedures in Arkansas
In an uncontested divorce, proof of a spouse's residency, proof of separation, and proof of no cohabitation may be provided by a signed affidavit from a third party. In addition, in an uncontested divorce, proof of the grounds for divorce need not be corroborated by a third party.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-306, 12-313, and 12-316].

Divorce Mediation or Counseling Requirements
There is no legal provision in Arkansas for mediation.

Divorce Property Distribution
Arkansas is an "equitable distribution" state. All of the marital property acquired during the marriage is divided equally between the spouses. However, if the court finds the division to be unfair, it may redistribute the property, after consideration of the following factors:

1.The contribution of each spouse to the preservation, appreciation, or acquisition of the marital property, including the contribution of each spouse as homemaker
2.The length of the marriage
3.The age, health, and station in life of the spouses
4.The occupation of the spouses
5.The amount and sources of income of the spouses
6.The vocational skills of the spouses
7.The employability of the spouses
8.The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9.The federal income tax consequences of the court's division of the property
The separate property of each spouse, consisting of property acquired prior to the marriage, and any gifts or inheritances, is retained by the spouse owning it, unless the court finds it necessary to divide the separate property in order to achieve an equitable distribution.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-315].
Alimony and Spousal Support
Alimony may be granted to either spouse in fixed installments for a specific period of time and subject to automatic termination upon the death of either spouse, remarriage of the receiving spouse, or the establishment by the receiving spouse of a relationship that produces a child or children. Where the grounds for divorce are voluntary separation for 3 years, fault may be considered in dividing the property. The factors for consideration specified in the statute are that the amount be reasonable based on the circumstances of the parties and the nature of the case. Alimony payments may be ordered to be paid through the registry of the court.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-312].

Spouse's Name After Divorce
The court may restore the wife's pre-marriage name.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 12-318].

Child Custody After Divorce
Child custody is awarded based on the welfare and best interests of the child, after a consideration of the following factors:

1.The circumstances of the parents and child
2.The nature of the case
3.Which parent is most likely to allow frequent and continuing contact with the other parent
4.Any acts of domestic violence
Joint or shared custody may been awarded if it is found to be in the best interests of the child. The sex of the parent is not a factor for decisions relating to child custody. A grandparent of a child may petition the court to request continuing contact with the child.
[Arkansas Code of 1987 Annotated; Title 9, Chapter 13-101 and Arkansas Case Law].

Child Support After Divorce
In awarding a reasonable amount of child support, the court is to consider the following factors:

1.The circumstances of the parents and child
2.The nature of the case
Child support payments may be ordered to be paid through the registry of the court and the court may require that a bond securing payment be required. There is an official Arkansas Family Support guidelines chart which is presumed to be correct, unless the court finds that the amount would be inappropriate or unjust, considering the following factors:
1.Any necessary medical, dental, or psychological care or insurance
2.The creation or maintenance of trust fund for the child
3.Daycare expenses
4.Extraordinary time spent with the non-custodial parent
5.Any additional support provided by the parent obligated to pay support
This chart should be available from the Clerk of any Chancery Court. In addition, an official Affidavit of Financial Means must be filed with divorce cases which involve issues relating to child support.
[Arkansas Code of 1987 Annotated; Title 9, Chapters 12-312 and 14-105 and Addendum to 1997 Arkansas Code Supplement].