Each state in America has its own family laws governing the cases of divorce. These laws regulate a divorce procedure and the way many fundamental issues of a divorce will be resolved. There are terms spouses are obligated to meet in order to officially terminate their relationship. This varies from state to state, but some of the leading policies are similar or the same.
The family law and family courts in United States distinct two types of divorce: the absolute divorce and the limited divorce. The first one refers to the cases where a marriage is irreversibly legally terminated and the limited divorce refers to the cases where the court grants terminations of common life and cohabitation, but keeping spouses’ relationship status unchanged. This separation decree, as often called, orders spouses to spent certain period of time separated, but still officially married, leaving all option for the final ending open. If partners go through this prescribed period of time separated and still want a divorce, some courts recognize conversion divorce. Conversion divorce changes the limited divorce into the absolute divorce.
As for a minimum requirements couples have to meet before filing for a divorce, many states impose residency requirements and “fault or no fault” divorce terms. The residency requirement refers to a minimum amount of time spouses have to spend in that state as residents to get permission to file for divorce. The second term refers to some states that require one spouse to prove fault or any sort of behavior of the other partner that caused marriage to fall apart. Most of the states, though, allow spouse to file for a divorce stating only “irreconcilable differences” as a major reason.
There are different family laws governing the way property will be divided during the divorce, depending on whether particular state applies the laws of “community property” or the law of “equitable distribution”.
All states have a minimum amount of money awarded for child support, if there are children involved, but resolving of issues regarding child custody, alimony and visiting varies from state to state.
The family courts in USA recognize contested and uncontested divorces. An uncontested are those where partners agreed on all the terms of divorce and no trial is needed, whereas the contested type of divorce asks for the family law judge to trigger a legal process and intervene in order to achieve just and equitable dissolution of a marriage. In case taht you have some concerns you can click here.