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Marriage is a legal binding contract. A dissolution of a marriage—or divorce—occurs when a couple discovers the marriage isn't going to work, despite any oaths taken before God or the government.
Divorce laws in the United States have a long and tedious history dating back to the days directly after the Declaration of independence. In fact, divorce laws have always gone hand-in-hand with marriage.
Today, marriage is a legal act and all states have laws as how to dissolve a marriage. A divorce must be certified by a court of law, and most couples opt to hire a lawyer to represent their interests.
Types of Divorce
Mediation
A mediator is an experienced law attorney that helps resolve the issues of a couple seeking divorce. It is the most inexpensive way to file and the easiest on the couple and members of the family.
According to the National Conflict Resolution Center, the mediator structures the discussions to clarify the issues and amicably move towards an agreement. All issues that the couples have can be addressed including child visitation, spousal support, child support, property division, as well as financial issues.
Mediation can happen before filing in court for dissolution of the marriage. If mediation is able to help the couple resolve their conflicts, it expedites the filing process.
Fault vs. No-fault
California was the first state to pass the first no-fault law. Prior to the no-fault law, a couple had to claim something wrong—or “at fault”—for the failure of the marriage. Grounds for a fault divorce would be things such as adultery, physical or emotional cruelty, and desertion. When no-fault became an option, couples could file for incompatibility or irreconcilable differences.
Contested and Uncontested Divorce
An uncontested divorce is one in which neither spouse disputes the divorce and/or both spouses agree to its terms. When the divorce is contested, however, an agreement can't be reached by either of the spouses and the case will go before a judge.
Simple divorces are uncontested and usually speed up the legal process, are less expensive, much less stressful on the couple and require no appearance in court. State laws differ on simple divorces.
Declining Divorce Rates
Recent statistics show that divorce rates in the U.S. are declining. In fact, the national divorce rate (per capita) has reached a low not seen since 1970.
Some experts attribute the decline to publicly funded services aimed at providing couples with marriage counseling and education. Others suggest that the new generation of married couples don't want to repeat the mistakes of their parents.
Still, divorce happens, and when it does, couples have a number of options to help them through the process.
Need a divorce lawyer? Contact us today to find an experienced divorce attorney near you.