Divorce law has undergone a remarkable evolution, especially with the advent of no-fault divorce laws. In the decade and a half which followed, almost every state in the Union followed California’s example and enacted a no-fault divorce law. This legal change was only one of several significant signs of this divorce revolution then sweeping the nation.
Today, divorce law Perth is more complex than ever before. Gone are the days when divorce was straightforward, with a male spouse obtaining a divorce from a female spouse with little resistance. However, some states still espouse a “no-fault” system when it comes to marriages, while others require the participation of both spouses in the litigation of a divorce case. In addition, as the Family Business Report found, marriage and family law attorneys are seeing more clients using non-traditional methods to achieve their goals in family law matters, including spousal support, visitation rights and child custody and alimony determinations.
The trend toward self-petitioning divorce law was initiated by the change in the rules regarding no-fault divorcees following the passage of the 1983 Act. No-fault divorce laws allow an individual to file a divorce suit without the assistance of an attorney. Instead, the court will decide the divorce grounds and enter its order based on the information provided during the no-fault divorce petition process. As many as 80 percent of no-fault divorce proceedings end with a compromise agreement between the divorcing parties. These types of divorces often include marital property, but there are other no-fault divorce grounds that the court may recommend.
In addition to property and joint ownership, there are two other no-fault divorce grounds that the court may recommend. These include child support and spousal support. In a child support proceeding, the court considers each spouse’s earning ability and other circumstances to determine how much support is ordered. Alimony, however, is decided according to each spouse’s earning potential and each individual’s unique situation. For example, in cases where one spouse has a higher paying job than the other, the court may require that spouse to pay more spousal support.
Adultery is also becoming more widely recognized as a reason for a divorce. Although adultery is Grounds for Divorce, it is not considered a criminal act, making it more difficult to prove in court. As with divorce laws based on marital property, each state has different definitions and laws regarding adultery, making the proceedings difficult. However, in most states, adultery results in a separation of property and custody and other legal rights related to marriage and divorce.
No-fault divorce laws are based on the idea that once a marriage has started to deteriorate, there must be some valid explanation for the couple’s departure. Adultery is not considered a valid ground for divorce in any state, nor is desertion, although desertion will likely be an element of divorce for at least one party. Again, no-fault divorce laws will likely depend on each state’s unique circumstances.
Separation and divorce will often follow a period of counselling and therapy. In many instances, alimony payments will be arranged through the court as part of these efforts. However, each state will handle separation and divorce laws differently, so it is essential to speak with a professional attorney to help you understand your state’s specifics. In some cases, alimony may continue after separation and divorce are finalized, depending on how alimony is decided and when payments are agreed upon.