Different Types of Divorce

Married couples in the United States do not have the right to get divorced. That right is granted by individual state courts, which also govern the specific terms, conditions and application of divorce laws too. The state courts all have different statutes on their books and interpret and enforce the divorce laws according the jurisdiction they are in, but generally the courts recognize three main types of divorce: absolute, limited and conversion.

Three Types

An absolute divorce occurs when a judge terminates a legal marriage in court and both parties return to unmarried status and are free to marry again. Absolute divorces usually require that evidence of misconduct is presented beyond basic disagreement, and that some form of actual wrongdoing has been committed by a spouse. A limited divorce, or separation decree, terminates the cohabitation requirements of a marriage but does not terminate it. A conversion divorce is triggered by a court-determined period of separation that is later converted into a legal divorce.

No Fault

No fault divorces are an additional type of court-ordered absolute divorce. Most states in the United States today allow couples to get a no fault divorce without having to prove misconduct on the part of either party. The court only has to find that the relationship is not viable, the spousal differences are irreconcilable and that reasonable reconsideration is not possible.

Property Division

State divorce courts will divide the debts and assets of a marriage as either community property or equitable property. Community property is divided equally. The community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. All other states have equitable property division laws where property is divided according to what the court determines is the most fair and equitable split depending on the particular economic situation of each spouse at the time of the divorce. This means the divorce court can give more than 50% of the property to one spouse in equitable property states. Divorce court judges are allowed to consider any and all factors influencing the division of property in an equitable split.

Child Custody

In deciding matters of child custody, a divorce court will make decisions based on the best interests of the children involved. The divorce court will consider the following factors when reviewing child custody disputes:

• The age of the child.
• The sex of the child.
• The child's wishes.
• The child’s mental state.
• The stability of the home environment.
• Abusive behavior by parents.

Alimony

Although many people might think that alimony only comes in one flavor – expensive, court-ordered payments actually come in three main types - permanent alimony, temporary alimony, and rehabilitative alimony. Permanent alimony mandates payments for life or until the other party remarries. Temporary alimony payments cover a specified interval of time so the other party can gradually get on their feet again... Rehabilitative alimony is also short-term, and ensures a smoother financial transition for the spouse with less earning capability to get adjusted to a new life.

Divorce is a vulnerable time when both spouses are faced with tough decisions on how to split property, raise children, move households and survive after the fact. It is the job of the divorce court to make sure all property and support arrangements are fair and equitable for all parties concerned. Divorce court laws are designed to serve the best interests of the individual, the family and the community as a whole.

Related Links:

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Related Resources:

1. NoLo: Divorce Without Court
2. eHow: How to File for Divorce
3. Divorce Central: Laws by State

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