Illinois Divorce Laws
Residency Requirements for Divorce in Illinois
The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].
Legal Grounds for Divorce in Illinois
1. No Fault Divorce: Irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or further attempts at reconciliation are impractical and the spouses have been living separate and apart without cohabitation for 2 years. (If both spouses consent, the time period becomes 6 months).
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
2. General Divorce:
1. Impotence
2. Adultery
3. Habitual drunkenness for 2 years and/or drug addiction
4. Conviction of a felony
5. Willful desertion for 1 year
6. Cruel and inhuman treatment
7. Attempted poisoning or otherwise endangering the life of the spouse
8. Infection of the other spouse with a communicable disease
9. Bigamy
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
Legal Separation in Illinois
The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides. Any person living separate and apart from his or her spouse, without fault, may obtain a legal separation with provisions for reasonable support and maintenance.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 402].
Simplified/Special Divorce Procedures in Illinois
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure:
1. The spouses must not have been married over 5 years
2. The spouses must neither have had nor adopted any children
3. The wife cannot now be pregnant by the husband
4. Neither spouse can own any real estate
5. Both spouses must certify that neither is dependent on the other for support (or must waive any type of alimony)
6. The market value of all marital property must be less than $5,000.00
7. The combined gross annual income of both spouses must be less than $25,000.00.
Forms are available at any Office of the Clerk of a Circuit Court.
Divorce Mediation or Counseling Requirements
At the request of either spouse, or on the court's own initiative, the court may order a conciliation conference if it is felt that there is a prospect of reconciliation.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404].
Divorce Property Distribution
Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors:
1. The contribution of each spouse to the acquisition or dissipation of the marital or non-marital property, including the contribution of each spouse as homemaker or to the family unit
2. The value of each spouse's non-marital property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. The federal income tax consequences of the court's division of the property
12. Any premarital agreement
13. Liabilities of the spouses (including obligations from a prior marriage)
14. Whether the property award is instead of or in addition to maintenance
15. Any custodial provisions for the children
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503].
Alimony and Spousal Support
The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age of the spouses
5. The physical and emotional conditions of the spouses
6. The income and property of each spouse
7. Whether the spouse seeking support is able to support himself or herself or is unable to seek employment because he or she is the custodian of a child
8. Any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse
9. Any marital settlement agreement
10. Any other just and equitable factor
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504].
Spouse's Name After Divorce
Upon the wife's request, her maiden or former name will be restored.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 413]
Child Custody After Divorce
Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any history of violence or threat of abuse by a parent, whether directed against the child or against another person
7. The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent
Marital misconduct that does not directly affect the parent's relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.
For an award of joint custody, the court will also consider the following factors:
1. The ability of the parents to cooperate effectively and consistently
2. The residential circumstances of each parent
3. Any other relevant factor
The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for:
1. Personal care of the child
2. Major educational, health care, and religious training decisions
The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time. The physical residence for the child is to be determined by either:
1. An agreement between the parents
2. A court order based on the factors listed above
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603.1, and 610].
Child Support After Divorce
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered:
1. The financial resources and needs of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional conditions and educational needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
The court may require support to include payment of a child's health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver's licenses may be revoked if child support obligations are not met.
[625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].
Friday, December 21, 2007
Wednesday, December 12, 2007
Idaho Divorce Laws
Idaho Divorce Laws
Residency Requirements for Divorce in Idaho
The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701].
Legal Grounds for Divorce in Idaho
1. No Fault Divorce:
1. Irreconcilable differences
2. Living separate and apart without cohabitation for a period of 5 years
[Idaho Code; Title 32, Chapters 603 and 610].
2. General Divorce:
1. Adultery
2. Permanent insanity
3. Conviction of a felony
4. Willful desertion
5. Extreme cruelty
6. Willful neglect
7. Habitual intemperance (drunkenness)
[Idaho Code; Title 32, Chapters 603 to 610].
Legal Separation in Idaho
There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart.
[Idaho Code; Title 32, Chapter 610].
Simplified/Special Divorce Procedures in Idaho
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.
[Idaho Code; Title 32, Chapters 917 and 918].
Divorce Mediation or Counseling Requirements
There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
[Idaho Code; Title 32, Chapter 716].
Divorce Property Distribution
Idaho is a "community property" state. Each spouse's separate property consists of:
1. all property acquired prior to the marriage
2. property acquired by gift either before or during the marriage
3. property acquired by individual gift before or during the marriage
The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:
1. Any marital misconduct
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. Any premarital agreement
9. The present and potential earning capability of each spouse
10. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
11. The liabilities of the spouses
12. The needs of the spouses
13. Whether the property award is instead of or in addition to maintenance
[Idaho Code; Title 32, Chapters 712 and 903 to 919].
Alimony and Spousal Support
The court may award maintenance to a spouse, if that spouse:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through employment
The award of maintenance is based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
5. The tax consequences to each spouse
6. The age of the spouses
7. the physical and emotional conditions of the spouses
8. The fault of either party
[Idaho Code; Title 32, Chapter 705].
Spouse's Name After Divorce
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court.
[Idaho Code; Title 7, Chapter 801-4].
Child Custody After Divorce
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:
1. The preference of the child
2. The wishes of the parents
3. The character and circumstances of all individuals involved
4. The relationship of the child with parents, siblings, and other significant family members
5. The child's adjustment to his or her home, school, and community
6. A need to promote continuity and stability in the life of the child
7. Domestic violence, whether or not in the presence of the child
Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.
[Idaho Code; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].
Child Support After Divorce
The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent's community property share of the financial resources or obligations with a new spouse)
5. The availability of reasonable medical insurance coverage for the child
6. The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes
There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.
[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].
Residency Requirements for Divorce in Idaho
The spouse filing for divorce must have been a resident of Idaho for 6 full weeks immediately prior to filing for divorce. The divorce should be filed in: (1) the county where the defendant resides or (2) if the defendant is not a resident of Idaho, the county where the plaintiff resides or designates in the complaint.
[Idaho Code; Title 5, Chapter 404 and Title 32, Chapter 701].
Legal Grounds for Divorce in Idaho
1. No Fault Divorce:
1. Irreconcilable differences
2. Living separate and apart without cohabitation for a period of 5 years
[Idaho Code; Title 32, Chapters 603 and 610].
2. General Divorce:
1. Adultery
2. Permanent insanity
3. Conviction of a felony
4. Willful desertion
5. Extreme cruelty
6. Willful neglect
7. Habitual intemperance (drunkenness)
[Idaho Code; Title 32, Chapters 603 to 610].
Legal Separation in Idaho
There is no legal provision in Idaho for legal court-ordered separation. However, the spouses may live separate and apart.
[Idaho Code; Title 32, Chapter 610].
Simplified/Special Divorce Procedures in Idaho
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.
[Idaho Code; Title 32, Chapters 917 and 918].
Divorce Mediation or Counseling Requirements
There is a mandatory 20-day delay in the granting of all divorces, unless there is an agreement by the spouses. During this period, either spouse may request that there be a meeting held to determine if there is any practical chance for reconciliation. If there is determined to be a chance for reconciliation and there are minor children of the marriage, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
[Idaho Code; Title 32, Chapter 716].
Divorce Property Distribution
Idaho is a "community property" state. Each spouse's separate property consists of:
1. all property acquired prior to the marriage
2. property acquired by gift either before or during the marriage
3. property acquired by individual gift before or during the marriage
The court will divide all other property (the community property) of the spouses in a substantially equal manner, unless there are compelling reasons to provide otherwise. The court will consider the following factors:
1. Any marital misconduct
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. Any premarital agreement
9. The present and potential earning capability of each spouse
10. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
11. The liabilities of the spouses
12. The needs of the spouses
13. Whether the property award is instead of or in addition to maintenance
[Idaho Code; Title 32, Chapters 712 and 903 to 919].
Alimony and Spousal Support
The court may award maintenance to a spouse, if that spouse:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through employment
The award of maintenance is based on the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
5. The tax consequences to each spouse
6. The age of the spouses
7. the physical and emotional conditions of the spouses
8. The fault of either party
[Idaho Code; Title 32, Chapter 705].
Spouse's Name After Divorce
There is no legal provision in Idaho for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows a person to apply for a name change by petition to the court.
[Idaho Code; Title 7, Chapter 801-4].
Child Custody After Divorce
Joint or sole child custody may be awarded according to the best interests of the child, and based on the following factors:
1. The preference of the child
2. The wishes of the parents
3. The character and circumstances of all individuals involved
4. The relationship of the child with parents, siblings, and other significant family members
5. The child's adjustment to his or her home, school, and community
6. A need to promote continuity and stability in the life of the child
7. Domestic violence, whether or not in the presence of the child
Joint custody is allowed if it can be arranged to assure the child with frequent and continuing contact with both parents. Unless shown otherwise, it is presumed that joint custody is in the best interests of the child.
[Idaho Code; Title 32, Chapters 717 and 717B and Title 39, Chapter 6303].
Child Support After Divorce
The court may order either or both parents to provide child support until the child is 18, without regard to marital misconduct, and based upon the following factors:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, needs, and obligations of both the noncustodial and the custodial parent (normally, not including the parent's community property share of the financial resources or obligations with a new spouse)
5. The availability of reasonable medical insurance coverage for the child
6. The actual tax benefits achieved by the parent claiming the federal dependency exemption for income tax purposes
There are provisions in Idaho for child support payments to be paid to the clerk of the court unless otherwise ordered by the court. There are specific child support guidelines adopted by the Idaho Supreme Court which are presumed to be correct unless evidence is presented that shows that the award would be inappropriate or unjust. Finally, all child support orders issued in Idaho must contain provisions allowing enforcement of the order by income withholding.
[Idaho Code; Title 32, Chapters 706, 706A, and 1201+].
Tuesday, December 11, 2007
Hawaii Divorce Laws
Hawaii Divorce Laws
Residency Requirements for Divorce in Hawaii
The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].
Legal Grounds for Divorce in Hawaii
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
[Hawaii Revised Statutes; Title 580, Chapter 41].
2. General Divorce: Legal separation and there has been no reconciliation.
[Hawaii Revised Statutes; Title 580, Chapter 41].
Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].
Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].
Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].
Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:
1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances
[Hawaii Revised Statutes; Title 580, Chapter 47].
Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance
[Hawaii Revised Statutes; Title 580, Chapter 47].
Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].
Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].
Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:
1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income
There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].
Residency Requirements for Divorce in Hawaii
The spouse filing for divorce must have been present in Hawaii for 3 months. However, a final divorce will not be granted unless 1 spouse has been a resident for 6 months. The divorce should be filed in either: (1) the judicial district where the plaintiff resides or (2) the judicial district where the spouses last lived together.
[Hawaii Revised Statutes; Title 580, Chapter 1].
Legal Grounds for Divorce in Hawaii
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Living separate and apart without cohabitation for 2 years and it would not be harsh or oppressive to the defendant spouse to grant the divorce
[Hawaii Revised Statutes; Title 580, Chapter 41].
2. General Divorce: Legal separation and there has been no reconciliation.
[Hawaii Revised Statutes; Title 580, Chapter 41].
Legal Separation in Hawaii
The spouse filing for separation must have been a resident for 3 months. Temporary legal separation may be granted for up to 2 years on the grounds that the marriage is temporarily disrupted.
[Hawaii Revised Statutes; Title 580, Sections 1 and 71].
Simplified/Special Divorce Procedures in Hawaii
The "irretrievable breakdown of the marriage" may be shown by both spouses stating so in an affidavit or by 1 spouse stating so in an affidavit and the other spouse not denying it. The court, in such cases, may waive a hearing in uncontested divorces and grant the divorce based on the affidavit.
[Hawaii Revised Statutes; Title 580, Section 42].
Divorce Mediation or Counseling Requirements
If 1 of the spouses denies that there has been an irretrievable breakdown of the marriage, the court may delay the proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].
Divorce Property Distribution
Hawaii is an "equitable distribution" state. The court will distribute all of the spouse's property, including the community, joint, and separate property, in a just and equitable manner, based on the following factors:
1. The burdens imposed upon either spouse for the benefit of the children
2. The position each spouse will be left in after the divorce
3. The relative abilities of the spouses
4. The respective merits of the spouses
5. All other circumstances
[Hawaii Revised Statutes; Title 580, Chapter 47].
Alimony and Spousal Support
The court may award either spouse maintenance, for either an indefinite period or a specific period to allow the receiving spouse to become self-supporting. Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The standard of living established during the marriage
2. The duration of the marriage
3. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
4. The ability of the spouse seeking maintenance to meet his or her needs independently
5. The comparative financial resources of the spouses
6. The needs of each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. The usual occupation of the spouses during the marriage
10. The vocational skills and employability of the spouse seeking support and maintenance
11. The probable duration of the need of the spouse seeking support and maintenance
12. Tny custodial and child support responsibilities
13. The ability of the spouse from whom support is sought to meet his or her own needs while meeting the needs of the party seeking support
14. Other factors which measure the financial condition in which the spouses will be left as a result of the divorce
15. Any other factor which measures the financial condition in which the spouses will be left in as a result of any award of maintenance
[Hawaii Revised Statutes; Title 580, Chapter 47].
Spouse's Name After Divorce
If requested, the wife may resume the use of her maiden name.
[Hawaii Revised Statutes; Title 574, Chapter 5(a)2(B)].
Child Custody After Divorce
Joint or sole child custody may be awarded to either or both of the parents or another person based on the best interests of the child and upon the wishes of the child, if the child is of sufficient age and capacity to form an intelligent choice. Joint custody will be allowed if it can be arranged to assure the child of continuing contact with both parents. The court may order a child custody investigation and report. Grandparents may be awarded visitation. Family violence committed by a parent raises the presumption that it is not in the best interests of the child for that parent to have any custody. There are no other specific factors for consideration set out in the statute.
[Hawaii Revised Statutes; Title 571, Chapter 46].
Child Support After Divorce
The court may order either or both parents to provide child support in a just and equitable manner. Factors to be considered are:
1. All earnings, income, and resources of the parents
2. The earning potential, reasonable necessities, and borrowing capacity of the parents
3. The needs of the child
4. The full amount of public aid the child would receive without any child support
5. Any other dependents of the parents
6. Incentives for both parents to work
7. An attempt to balance the standard of living of the parents and avoid placing any parent below poverty level
8. To avoid any extreme changes in either parent's income
9. If a parent with school-age children is able to work and does not, 30 hours of minimum wage income will be added to that parent's presumed income
There are official Child Support Guidelines set out in the statute.
[Hawaii Revised Statutes; Title 576D, Chapter 7 and Title 580, Chapter 47].
Monday, December 10, 2007
Georgia Divorce Laws
Georgia Divorce Laws
Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].
Legal Grounds for Divorce in Georgia
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].
Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].
Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.
Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.
Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].
Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.
[Code of Georgia Annotated; 19-5-5+].
Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].
Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:
1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse
There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].
Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:
1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses
[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]
Residency Requirements for Divorce in Georgia
The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.
[Code of Georgia Annotated; 19-5-5].
Legal Grounds for Divorce in Georgia
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Code of Georgia Annotated; 19-5-3].
2. General Divorce:
1. Impotence
2. Adultery
3. Conviction of and imprisonment of over 2 years for an offense involving moral turpitude
4. Alcoholism and/or drug addiction
5. Confinement for incurable insanity
6. Separation caused by mental illness
7. Willful desertion
8. Cruel and inhuman treatment which endangers the life of the spouse
9. Habitual intemperance (drunkenness)
10. Consent to marriage was obtained by fraud, duress, or force
11. Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use)
12. The wife was pregnant by another at the time of the marriage unknown to the husband
13. Incest
[Code of Georgia Annotated; 19-5-3].
Legal Separation in Georgia
There are legal provisions in Georgia for an action for separate maintenance for spouses who are living separately, but not divorcing. The factors and conditions are the same as those listed below under Alimony and Spousal Support.
[Code of Georgia Annotated; 19-6-10].
Simplified/Special Divorce Procedures in Georgia
There are no legal provisions in Georgia for simplified divorce.
Divorce Mediation or Counseling Requirements
There are no legal provisions in Georgia for divorce mediation.
Divorce Property Distribution
Georgia is an "equitable distribution" state. The courts will distribute the marital property including any gifts and inheritances, equitably. There are no factors to be considered specified in the statute.
[Code of Georgia Annotated; 19-5-13 and Georgia Case Law].
Alimony and Spousal Support
Permanent or temporary alimony may be awarded to either spouse, unless the separation was caused by that spouse's desertion or adultery. The following factors are to be considered:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker, in childcare, education, and career-building of the other spouse
2. The duration of the marriage
3. The financial resources of each spouse
4. The age and physical and emotional condition of both spouses;
5. The value of each spouse's separate property
6. The earning capacity of each spouse
7. Any fixed liabilities of either spouse
8. The standard of living established during the marriage
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.
[Code of Georgia Annotated; 19-5-5+].
Spouse's Name After Divorce
If requested, a spouse's name may be restored.
[Code of Georgia Annotated; 19-5-12 and 19-5-16].
Child Custody After Divorce
Joint or sole custody is granted, based upon the best interests of the child and a consideration of the following factors:
1. The suitability of each parent as custodian
2. The psychological, emotional, and developmental needs of the child
3. The ability of the parents to communicate with each other
4. The prior and continuing care that the parents have given the child
5. Parental support for the other parent's relationship with the child
6. The wishes of the child (considering the child's age and maturity)
7. The safety of the child
8. The geographic proximity of the parents
9. Any custodial agreements of the parents
10. Any history of domestic abuse
There is a presumption against awarding joint custody in Georgia when there is a history of domestic abuse.
[Code of Georgia Annotated; 19-9-1 to 19-9-51].
Child Support After Divorce
Both parents are liable for the support of minor children. The court may award child support from either parent, based on their customary needs and the parents' ability to pay. There are no specific factors for consideration set out in the statute. However, there are official child support guidelines set out in the statute that are to be followed in all cases in which the parents are not able to reach an agreement. In such cases there are factors which will be followed in special circumstances. The special circumstances include:
1. The age of the children
2. A child's medical costs or extraordinary needs
3. Educational costs
4. Daycare costs
5. Shared physical custody arrangements
6. A parent's support obligations to another household
7. Hidden income of a parent
8. The income of the parent with custody
9. Contributions of the parents
10. Extreme economic circumstances
11. A parent's own extraordinary needs
12. Historic spending levels of the family
13. The cost of health and accident insurance coverage for the child
14. Any extraordinary visitation travel expenses
[Code of Georgia Annotated; 19-5-12, 19-6-14, and 19-6-15.]
Sunday, December 9, 2007
Florida Divorce Laws
Florida Divorce Laws
Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Legal Grounds for Divorce in Florida
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].
Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].
Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].
Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses
Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:
1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors
[Florida Statutes Annotated: Chapters 61.075 and 61.077].
Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable
Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].
Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].
Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:
1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors
No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].
Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable
Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Legal Grounds for Divorce in Florida
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].
Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].
Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].
Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses
Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:
1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors
[Florida Statutes Annotated: Chapters 61.075 and 61.077].
Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable
Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].
Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].
Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:
1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors
No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].
Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable
Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
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