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Home > Law & Legal Topics > Divorce Law

» Divorce Law:
Divorce law is the branch of law relates to the dissolution of a valid marriage granted on specified statutory grounds arising after the marriage.

Historically, divorce was only permitted if one spouse could show fault, such as, a spouse breached the deal by being unfaithful, cruel, etc. All states now accept the idea of irretrievable breakdown and, in most states, a showing of fault is not necessary to get a divorce.

Once the divorce suit is filed, the state may impose a waiting period before the divorce can be finalized. The rationale for this waiting period is that spouses ought not to rush into divorce when there might still be a genuine prospect for reconciliation.

Divorce courts address a number of issues in the divorce process. This includes dividing property, approving financial arrangements (such as temporary spousal support, alimony, and child support), and granting child custody and visitation rights.

Legal separation and annulment are two alternatives to divorce available in some states. Legal separation typically involves the spouses living apart. It does not involve dissolution of the marriage, but certain arrangements (as for spousal maintenance and child custody) are ordered by the court. This is also commonly referred to as judicial separation.

Annulment is a declaration that a valid marriage never existed. Incest, bigamy, non-age, mental incapacity, impotence, insanity, and lack of consent can be grounds for annulment of a marriage.

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