Legal Specs

Differs By State

19 Jun 2008

Different countries have different jurisdictions, apart from common law. Different jurisdiction dictates different procedures in law processes, especially when it comes to divorce laws in the US. Divorce in the United States is a matter of state rather than federal law.
In some states fault grounds remain, but all states except New York now provide other grounds as well, variously termed irreconcilable differences, irremediable breakdown, loss of affection, or similar. For such grounds no fault need be proven and little defense is possible. However, most states require some waiting period, typically a 1 to 2 year separation.
Some have argued that the lack of means to contest a no-fault divorce makes a marriage contract the easiest of all contracts to dissolve, and in very recent years some have begun to favor moderate divorce reforms such as requiring mutual consent for no-fault divorce. However, no such laws have been passed as of this writing.
Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, alimony, and so on. States vary in the admissibility of such evidence for those decisions. Learn more about this with the Hays county divorce.
In any case, a no-fault divorce can be arranged far more easily, although the terms of the divorce can be and often are contested with respect to child-related matters and finances. Ultimately most cases are settled by the parties before trial. The Hays county divorce can provide more information about this.
Mediation is a growing way of resolving divorce issues. It tends to be less adversarial, allows the parties greater control and privacy, saves money, and generally achieves similar outcomes to the normal adversarial process. Also, courts will often approve a mediated settlement quickly. Learn more about mediation with Hays county divorce.
Similar in concept, but with more support than mediation, is Collaborative Law, where both sides are represented by attorneys but commit to negotiating a settlement without engaging in litigation. Because of the additional support of attorneys and expert neutrals, the success rate of a collaborative divorce is very high. In the rare event that the collaborative divorce process ends without the parties reaching a settlement, the collaborative lawyers become disqualified, and are replaced by new counsel. Learn more about Collaborative divorce with Hays county divorce.
A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved. If you want more information about divorce processes in the US, then visit the Hays county divorce for more details.