Divorce State Laws

Divorce State Laws

 Divorce Lawyer 

Divorce State Laws

Divorce, like marriage, is a state concern the laws regarding family law matters such as these vary from state to state.  Even though the laws are typically similar between jurisdictions, it's important to consult the specific laws of your state of residence.  Regardless of state, issues such as residency requirements, child custody, property division, grounds for divorce, visitation, and spousal support are complex and can complicate even the most amicable of divorces.

One issue that can differ between divorce state laws is that of community property.  Community property refers to the rule that states that most property that is acquired during the term of the marriage is owned jointly by both spouses and is divided upon divorce. This rule excludes gifts or inheritances given to one spouse during the marriage. Arizona, California, Louisiana, Nevada, Texas, Idaho, New Mexico, Wisconsin, and Washington are community property states, as is Puerto Rico.  The State of Alaska gives its citizens the option of taking community property rules, but must establish that early in their marriage.

Other issues that states consider during a divorce often include common law marriage status, prior divorces, and prior legal obligations.  The state marriage bureaus throughout the country set the standards for their jurisdictions, because they represent the will of their people more effectively than a national government could.  The central government allows the states to set their own divorce laws, although recent proposals for same sex marriages could potentially complicate state divorce laws as well.

The State laws surrounding divorces are extremely complex and confusing, so it often takes a dedicated and experienced divorce family law attorney to help protect your assets and make sure that you aren’t taken advantage of during the process. Comprehensive understanding of divorce state laws can help your divorce lawyer prepare your case in the most efficient and effective way possible.   Contact a divorce lawyer today so that you can start anew tomorrow.