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What Is Divorce Law?

What Is Divorce Law?

Divorce law covers a wide range of legal issues that begin when a couple decides to divorce and end when the judge hands them the divorce decree and judgment of dissolution. Divorce is a long, never-pleasant procedure that requires patience, understanding, and often a good family lawyer.

Some divorces don't need the services of a family law attorney every step of the way. If you and your spouse have no children and few assets between you, you can file a summary dissolution yourselves. Even then, having an attorney review your paperwork is advisable. But you and your spouse won't spend hours in court.

For those with children or complex property division, the services of an experienced divorce lawyer are a must. Read on to learn more about divorce law and what you'll need for your divorce settlement.

Little knowledge

All property acquired during marriage is “marital property," including money, real property, and some debt. Unless you and your spouse have a prenuptial agreement stating otherwise, the court has to divide this according to state law.

Parents must make a parenting plan and visitation schedule for the judge's approval. Custody plans must be as close to 50/50 as possible unless there are good reasons for alternative arrangements.

Both parents contribute to the minor child's support based on the time spent with the child. States have calculations used for determining each parent's contribution.

Also known as “spousal support" or “spousal maintenance," this monthly payment to help a spouse transition out of marriage is becoming rare in divorce proceedings. Many states now limit alimony to marriages of long duration (more than 10 years) or specific circumstances (such as a spouse who needs education to reenter the job market).

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