Filing Grounds

California divorce laws filing grounds must conform to the residency criterion to have jurisdictional rights else the dissolution cannot be heard. This requires one of the spouses to be an inhabitant of California for a minimum of six months. The husband and wife can have a separate domicile or residence.

When the grounds for California divorce laws are met, the dissolution process begins. Dissolution of marriage also has some basis which includes the following:

-          The parties are awarded the state of unmarried persons when the effect of judgment in the dissolution of marriage takes the final position.

-          This legal separation can be pleaded based on the irresoluble differences between the parties and incorrigible insanity.

Other Requirements

Some other important California divorce laws filing requirements consist of the titles and primary documents. Titles are those of the applicant who is beginning the filing process and the respondent who receives the orders in paper form. The court name is also to be filed so as to allocate a case number and acquire jurisdictional privileges to expedite the orders.

The documents which are needed to start and end dissolution of marriage are the petition and the concluding judgment. A number of other documents are also required throughout the filing process some of which may include the appearances and other documents such as earnings and outflow statements and settlement agreements.

The California divorce laws filing requirements may exceed if there are issues of properties, debt, alimony and children guardianship. This can vary from case to case based on the Californian State Law. For example, since California is a ‘Community Property’ State, the possessions that were purchased while married, will be distributed on equal basis amongst the parties. Similarly, debt issues and spousal support issues become an obligation towards the court if the parties are unable to resolve it within themselves.

Although all states have some minor differences in their divorce and property laws, there are many similarities and rules which are applicable in general to all couples. Therefore, if you have been looking for divorce laws, read on.

Divorce Laws

In the United States, divorce laws are made on a state level and therefore these laws may vary from state to state. The differences in the state laws are based on the residential requirements for filing for divorce, the grounds on the basis of which divorce is filed for and also the rules for the division of property and the custody of children. However, the similarities in divorce laws among most states include the fact that mostly the property is divided on an equity basis between the couple. Usually, the court divides the property as it deems fit based on a fair division policy. Yet, the rules for determining the fairness might vary among different states. This also holds for issues such as child custody or alimony and child support.

Property Laws

Among the most debated and often talked about aspects of divorce and property laws in the US is the determination of fairness. The states may decide upon fairness while considering facts such as the comparative income of each spouse, future opportunities and education possibilities etc. in this case, the one who earns less might be granted more property reason being the other can make more property easily if he/she earns more.

Another factor which affects the property division is the child custody. If a parent has been awarded legal guardianship of the children, the chances are he/she will also be awarded the family house as it is considered to cause less emotional influence on the children.

In terms of divorce and property laws in the US, another important aspect is the marital property and common property. If the property is mutually owned, it will be divided by the state. However, if one spouse holds legal title to the property, the state will decide accordingly.

Therefore, while filing for divorce, it is best to be aware of the divorce and property laws in the US.

Since the amount of divorce cases in the United States has shown a steady increase in recent times, Georgia state divorce law clearly defines the reasons over which a couple can file for divorce. The following reasons qualify as legal grounds for divorce according to Georgia state divorce law.

v  The act of adultery committed by either spouse.

v  Incurable mental illness.

v  Mental disability or impotency at the time of the marriage.

v  Drug addiction or addiction of any other substance such as alcohol.

v  Physical assault at the hands of the spouse.

v  If the wife is pregnant by a third individual at the time of marriage.

v  If the marriage took place among close blood relatives.

v  A spouse being deserted by the other for one whole year.

v  Either spouse committing a crime which is punishable by law for two years or longer.

If one of the above mentioned reasons are cited, the couple is able to ask the court to dissolve their marriage completely in accordance with the Georgia state divorce law. However all legal implications before conceding a divorce imply. Such as:

• Counseling: In cases where the divorce is contested, if the court deems fit, it orders the divorce seeking couple to seek counseling for a defined period of time after which the final verdict is passed.
• Property Distribution: In Georgia the distribution of assets is equal. Usually the individual property of the spouse can stay with that spouse.
• Alimony and Spousal Support: The right to receive alimony is determined by the need of the spouse seeking alimony and the ability of the other spouse to pay it. The alimony can be either permanent or temporary. If however the spouse receiving alimony remarries, the alimony is stopped.
• Child Custody: If the couple filing for divorce has children, the court elects which parent the custody should go to keeping in mind the interest of the children. If the child is 14 years or older, he has the right to decide which parent he wishes to live with. The child’s wish is granted unless the parent the child chooses is unfit in some way.

Parent’s Right

Remember that divorced parents have equal custody rights to any children they have in common, biological or adopted. If a decision has to be made where one parent is granted custody in favor of the other, it should be based on many different factors keeping in mind what is best for the children. The non-custodial parent will be allowed rational visitation rights to their children.

Primary Physical Custody

When a child is living with one parent for most of the time and the other parent has shorter times of visitation, it is referred to as primary physical custody. This situation is often selected by parents on their own because it better suits their conditions. But when both parents are fighting to gain physical custody rights, the judge has to step in. Custody is usually awarded to the parent on the basis of their ability to best meet the children’s needs. More often than not, primary custody is awarded to the parent who was looking after the children during the marriage.

Joint Physical Custody

In this type of custody, the children spend a good amount of time living with both parents. The parents can make arrangements they wish and this allows the children to develop a good relationship with both parents.  This manner of custody is being awarded with greater frequency.

Legal Custody

Any key decisions regarding the upbringing of the child are made by the parent holding legal custody of the child. Usually parents have joint legal custody so they share equal responsibility.

Custody Arrangements

Whatever arrangements are agreed upon, they should be set down in writing.  And once the arrangement has been approved by the judge, it is legally binding. Changes which are not brought forward to the court will not be recognized in court.

Therefore, it is obvious that at the heart of child custody and divorce laws are the children involved. All decisions are made while keeping in mind the children and how they may be affected.

There are over hundreds of legal firms to choose from, many of them may seem capable of taking divorce cases. But, the fact is every legal firm is dissimilar. It is important to keep some points in mind when selecting the best firm to represent you.

1. Pick a law firm specializing in divorce and family law cases. Law firms are usually grouped in accordance to their expertise areas. Because you want a firm that best matches your needs, you’ll want a service which specializes in handling divorce cases. This will improve your chances of getting a positive outcome.
2. Look into the history of the law firm. You should go for a law firm which has a good reputation in the market. Also look into how much experience they have with cases like yours.
3. Ask about the firms’ record of winning cases. Before you sign up with any divorce firm, look into the success rate of the firm. How many verdicts came out to their favor and how many settlements were made? You can ask to meet with any previous clients to get a better idea about the firm’s services.
4. Research online about different firms. There are different directories which you can check when finding divorce law firms. Also look for testimonials and client responses for different firms when short listing the firms.
5. Look for a law firm which is located close to your home. It saves time and money to take up the services of a law firm that you can reach easily and quickly.

Finding divorce law firms and short listing the candidates can be a long and tiring task. It is in your best interest to be cautious when picking which firm will present your case. By keeping in mind the 5 points mentioned above, it should be considerably easy to find the right firm to help you through your divorce settlement.

Application

Applying for divorce is not a difficult process. However, it will be better for you to hire a professional and competent divorce lawyer as he or she will be knowledgeable of the changing laws regarding divorce and will be in a better position to guide you.

Eligibility

A couple may file for divorce in Canada if they were legally married in Canada and intend to separate from each other. Also, it is necessary to have lived in a Canadian province for about one year; however, it is imperative to note that the Canada divorce law does not require the couple to be a citizen of Canada.

You may be eligible to apply for divorce if you have been a subject of physical or mental abuse from your spouse. In this case, it is important to prove cruelty and abuse from your spouse.

According to the Canada divorce law, a person may also be eligible to file for divorce if he or she has been a subject of adultery and cannot forgive such an act. In this case, however, you will have to provide substantial proof for adultery.

Time

To be eligible for divorce in Canada, it is necessary for the couple to have been separated for a year before applying for divorce. However, if not, the couple may still apply for divorce and stay separated for at least a year and may live together for a period of 90 days for settlement purposes. However, if the 90 day period does not yield any positive results, the divorce application will still be valid.

The Canada divorce law is simple and easy to understand as it allows you to file for divorce in the event of any injustice laid upon you during your marriage.

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