South Carolina Divorce Laws

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:

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

Legal Grounds for Divorce in South Carolina

1. No Fault Divorce: Living separate and apart without cohabitation for 1 year.
2. 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:

1. which was acquired prior to the marriage
2. acquired by gift or inheritance
3. acquired in exchange for non-marital property
4. 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:

1. the duration of the marriage
2. the age of the spouses
3. any marital misconduct
4. any economic misconduct
5. the value of the marital property
6. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
7. the income of each spouse
8. the earning potential of each spouse and the opportunity for the future acquisition of capital assets
9. the physical and emotional health of each spouse
10. the needs of each spouse for additional training or education in order to achieve his or her earning potential
11. the non-marital property of each spouse
12. any retirement benefits
13. whether alimony has been awarded
14. the desirability of awarding the family home to the spouse having custody of any children
15. the tax consequences
16. any other support obligations of either spouse
17. any marital debts of the spouses
18. any child custody arrangements
19. any other relevant factors

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

1. the duration of the marriage and the ages of the spouses when married and when divorced
2. the physical and emotional conditions of the spouses
3. the educational background of each spouse and the need of additional training or education to reach the spouse's income potential
4. the employment history and earning capacity of each spouse
5. the standard of living during the marriage
6. the current and expected earnings of each spouse
7. the marital and separate property of each spouse
8. the custody of any children and its effect on the ability of the custodial spouse to work full-time
9. any marital misconduct
10. any tax consequences
11. any prior support obligations
12. the current and expected expenses and needs of both spouses
13. 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:

1. the circumstances of the spouses
2. the nature of the case
3. the religious faith of the parents and child
4. the welfare of the child
5. 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:

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

Rhode Island Divorce Laws

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

1. 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
2. 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:

1. 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
2. the length of the marriage
3. the conduct of the spouses during the marriage
4. the health and ages of the spouses
5. the amount and sources of income of the spouses
6. the occupation and employability of each of the spouses
7. the contribution by 1 spouse to the education, training, licensure, business, or increased earning power of the other
8. 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
9. either spouse's wasteful dissipation or unfair transfer of any assets in contemplation of divorce
10. the opportunity of each spouse for acquisition of assets and income
11. 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:

1. 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
2. the extent to which either party is unable to support himself or herself
3. the extent to which a spouse was absent from employment while fulfilling homemaking responsibilities
4. the extent to which a spouse's education may have become outmoded and his or her earning capacity diminished
5. the time and expense required for a supported spouse to acquire the appropriate education and training to develop marketable skills and become employed
6. the probability, given the spouse's age and skills, of completing education and training and becoming self-supporting
7. the standard of living during the marriage
8. the opportunity for either spouse for the future acquisition of capital assets and income
9. 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
10. the length of the marriage
11. the conduct of the spouses during the marriage
12. the health, age, station, occupation, amount and sources of income, vocational skills, and employability of the spouses
13. the liability and needs of the spouses
14. 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:

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 needs of the noncustodial parent
5. the financial resources of both the noncustodial and the custodial parent
6. any other factors

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

1. income or property assignments
2. posting of bond
3. wage withholding

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

Pennsylvania Divorce Laws

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

1. 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.
2. 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:

1. acquired prior to the marriage
2. acquired in exchange for any separate property
3. any gifts and inheritances
4. 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:

1. 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
2. the age and health of the spouses
3. the vocational skills of the spouses
4. the value of each spouse's property
5. the economic circumstances of each spouse at the time the division of property is to become effective
6. the length of the marriage
7. the tax consequences to each spouse
8. the occupation of the spouses
9. the amount and sources of income of the spouses, including retirement and any other benefits
10. the vocational skills of the spouses
11. the employability of the spouses
12. the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
13. the standard of living established during the marriage
14. whether a spouse will have custody of any minor children
15. any contributions toward the education, training, or increased earning power of the other spouse
16. any prior marital obligations
17. 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:

1. whether the spouse seeking alimony lacks sufficient property to provide for his or her own needs
2. whether the spouse is unable to be self-supporting through appropriate employment
3. whether the spouse seeking alimony is the custodian of a child
4. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
5. any tax consequences
6. the standard of living established during the marriage
7. the duration of the marriage
8. the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's separate property
9. the comparative financial resources of the spouses
10. the needs and obligations of each spouse
11. the contribution of each spouse to the marriage, including services rendered in homemaking
12. the age of the spouses
13. the physical, mental, and emotional conditions of the spouses
14. the probable duration of the need of the spouse seeking support and alimony
15. 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
16. the contribution by 1 spouse to the education, training, or increased earning power of the other
17. 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
18. 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:

1. which parent is more likely to encourage, permit, and allow frequent and continuing contact, including physical access between the other parent and the child
2. whether either parent has engaged in any violent, criminally sexual, abusive, or harassing behavior
3. the preference of the child
4. 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:

1. the net income of the parents
2. the earning capacity of the parents
3. the assets of the parents
4. any unusual needs of the child or the parents
5. 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

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

1. 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.
2. 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:

1. the residency requirements are fulfilled
2. There are no minor children, born or adopted, and the wife is not pregnant
3. the marriage is not over 10 years in length
4. neither spouse owns any real estate
5. there are no unpaid debts in excess of $15,000 incurred by either or both spouses during the marriage
6. the total value of all of the spouse's personal property is less than $30,000, excluding any unpaid balances on loans
7. the petitioner waives the right to spousal support (alimony)
8. 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:

1. the cost of any sale of assets
2. the amount of taxes and liens on the property
3. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
4. any retirement benefits, including social security, civil service, military and railroad retirement benefits
5. any life insurance coverage
6. 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:

1. 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
2. the standard of living 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 tax consequences to each spouse
6. the age of the spouses
7. the physical and emotional conditions of the spouses
8. the usual occupation of the spouses during the marriage
9. the vocational skills and employability of the spouse seeking support
10. any custodial and child support responsibilities
11. the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
12. any life insurance
13. the costs of health care
14. 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
15. the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
16. any long-term financial obligations, including legal fees
17. any child support obligations
18. 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:

1. the love and affection existing between the child and other family members
2. the attitude of the child
3. the desirability of maintaining continuity
4. any spouse abuse
5. the relationship of the child with parents, siblings, and other significant family members
6. 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:

1. the ability of each parent to borrow
2. the parent's earnings history
3. the reasonable necessities of each parent
4. the physical, emotional, and educational needs of the child
5. the relative financial means of the parents, including their income, resources, and property
6. the potential earnings of the parents
7. the needs of any other dependents of a parent
8. any social security or veteran's benefits paid to the child
9. 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

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

1. No Fault Divorce: Incompatibility.
2. 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:

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. 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:

1. the property owned by him or her before the marriage (and)
2. 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:

1. the way in which the property in question was held (and)
2. 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:

1. the income and means of the parents
2. 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

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

1. 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].
2. 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:

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
10. Incompatibility
11. 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

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

1. No Fault Divorce: Irreconcilable differences.
   [North Dakota Century Code; Volume 3A, Chapter 14-05-03].
2. 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:

1. Irreconcilable differences
2. Adultery
3. Confinement for incurable insanity for a period of 5 years
4. Conviction of a felony
5. Willful desertion
6. Cruel and inhuman treatment
7. Willful neglect
8. 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:

1. Moral fitness of the parents
2. Capability and desire of each parent to meet the child's needs incuding food, clothing, medical care, and other material 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 child's adjustment to his or her home, school, and community
7. The mental and physical health of all individuals involved
8. The stability of the home environment likely to be offered by each parent
9. The child's interaction with anyone who resides with a parent, including such person's history of violence of any type
10. Any spouse or child abuse, sexual abuse, or history of domestic violence or violence of any type
11. The capacity and disposition of the parents to give the child love, affection, guidance, and continue the child's education
12. The permanence, as a family unit, of the proposed or existing custodial home
13. The making of any false accusations by 1 parent against the other
14. 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:

1. The net income of the parents
2. The other resources available to the parents
3. 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

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

1. No Fault Divorce: Living separate and apart without cohabitation for 1 year.
   [General Statutes of North Carolina; Chapter 50, Section 50-6]
2. 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:

1. Adultery
2. Abandonment
3. Alcoholism or drug addiction
4. Cruel and inhuman treatment endangering the life of the spouse
5. Personal indignities rendering life burdensome and intolerable
6. 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:

1. Any property acquired before the marriage
2. Any gifts and inheritances acquired during the marriage
3. Any property acquired in exchange for separate property
4. 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:

1. Any direct or indirect contributions to the career or education of the other spouse
2. Any depletion or waste of property
3. The net value of the property
4. The liquid or non-liquid character of the property
5. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
6. The economic circumstances of each spouse at the time the division of property is to become effective
7. 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
8. The length of the marriage
9. The age and health of the spouses
10. The federal income tax consequences of the court's division of the property
11. Liabilities of the spouses
12. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
13. Any prior alimony or child support obligations of each spouse
14. The desirability of the spouse with custody of any children occupying the marital residence
15. 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:

1. The standard of living established during the marriage
2. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market and their incomes
3. The mental, physical, and emotional conditions of the spouses
4. The marital misconduct of the spouses
5. The ages of the spouses
6. The contribution of 1 spouse to the education, training, or earning power of the other spouse
7. The effect of a spouse having primary custody of a child
8. The relative education of the spouses and the time necessary for a spouse to acquire sufficient education or training to become self-sufficient
9. The contribution of a spouse as a homemaker
10. The tax consequences
11. 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:

1. The needs of the child
2. The earnings, estate, conditions, and accustomed standard of living of the child and the parents
3. The childcare and homemaker contributions of each parent
4. 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].