Divorce Laws in US

1. Divorce Laws in US

In the United States married couples are allowed to end a marriage by filing for a divorce on the grounds of either fault or no fault.[6] In the past, most states only granted divorces on fault grounds, but today all states have adopted a form of no fault divorce.[7] Fault and no-fault divorces each require that specific grounds be met.[8] A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state. Neither party is held responsible for the failure of the marriage. On the other hand, in fault divorces one party is asking for a divorce because they claim the other party did something wrong that justifies ending the marriage.[7] Several grounds for fault divorce include adultery, cruelty, abandonment, mental illness, and criminal conviction.[7] There are, however, additional grounds that are acceptable in some states such as drug abuse, impotency, and religious reasons.[9]

While there are various grounds for divorce across the United States, there are also defenses that can be raised in response to many divorce claims.[9] These defenses include insufficiency of evidence that the spouse in fact engaged in the conduct cited (or, more strongly, the presence of affirmative evidence to the contrary), acceptance of the alleged conduct at the time when it was engaged in ("condonation"), the complaining party's having engaged in similar conduct of his/her own ("recrimination"), and absence of or insufficiency of evidence proving other conditions invoked as grounds (e.g., insufficient length of separation or presence of a chance of reconciliation).[9]

2. History

Divorce laws have changed a great deal over the last few centuries.[10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule.[11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce.[12] During colonial times, grounds for divorce were more limited in scope, both in terms of which grievances could qualify as grounds and in terms of who was able to use them.[13] In the 18th century, such concerns as infidelity, alcohol abuse, mistreatment, abandonment, and impotence were among the few reasons that could qualify as grounds for divorce.[10] For much of America's history, wealthy men were the people most able to seek and to receive a desired split.[13] By the 1960s, however, women and citizens of fewer means found the conditions for seeking divorce more accessible.[13] At this time, the law required that one partner be at-fault in order for the couple to pursue the termination of their marriage.[10] This constraint arose out of the desire to ensure that all of the basis for divorce be adequate.[10] Prior to this, people used such issues as incompatibility or a decline in lucidity as grounds; the court eventually came to see these problems as not severe enough to warrant divorce, however.[10] In the 1970s, no-fault grounds gained favor in many states,[10] and in 2010, New York became one of the last of the fifty states to allow no-fault divorces even in cases where there was no mutual consent to the divorce. The other states still requiring mutual consent for no-fault divorce are Tennessee (except where there are no minor children and the couple have lived apart for two years), Mississippi,[14] and South Dakota.[15]

3. No-fault divorce

Main article: No-fault divorce
Every state in the United States allows the acquisition of no-fault divorce.[16] When the marriage partners mutually agree that they no longer feel the marriage is worth continuing, a no-fault divorce will allow the couple to obtain a divorce easily.[16] In order to obtain a no-fault divorce in only Tennessee, Mississippi, and South Dakota, the parties must mutually consent to provide information regarding incompatibility or why the marriage partners have changed, grown apart, or have irreconcilable differences.[16] Otherwise, in the rest of the country, only one party has to file for irreconcilable differences, and any excuse will do. If a state requires a separation period, either or both spouses may be required to bring a witness to testify that the parties have been living apart for the required amount of time.[16]

4. Separation

Marriage partners who are living apart have grounds for no-fault divorce.[4] Like Louisiana, various states have statutes requiring the parties to live apart from one another for a certain predetermined period of time.[4][17] The reason the time limitation exists is to see if the couple can reconcile.[4] For example, differing from Louisiana, Pennsylvania state law does not permit legal separation.

Q&A

Question 1: What are the grounds for divorce in the United States?

Answer 1: Divorce laws vary by state in the U.S., but common grounds for divorce include no-fault reasons like irreconcilable differences or living apart for a specified period. Some states also recognize fault-based grounds, such as adultery, cruelty, or abandonment.

Question 2: How long does it typically take to get a divorce in the United States?

Answer 2: The time it takes to finalize a divorce in the U.S. varies by state and individual circumstances. Uncontested divorces, where both parties agree on key issues, tend to be quicker, often taking a few months. Contested divorces, involving disputes over property, custody, or support, can take significantly longer, sometimes several years.

Question 3: Are there residency requirements to file for divorce in the U.S.?

Answer 3: Yes, most states have residency requirements that dictate how long you must live in the state before you can file for divorce there. Requirements vary, but it's typically six months to a year. Military personnel may have exceptions to these rules.

Question 4: How are marital property and assets divided during divorce in the U.S.?

Answer 4: Property division laws also vary by state, and some states follow community property rules, while others follow equitable distribution principles. Community property states generally divide marital assets equally, while equitable distribution states aim for a fair, but not necessarily equal, division based on various factors like each spouse's contributions and needs.

It's crucial to consult with an attorney or review your state's specific divorce laws for precise guidance based on your situation.