The Legal Aspects of Divorce

The legal aspects of divorce can vary depending on the circumstances of the individual case but this post describes some of these.

The Legal Aspects of Divorce

The legal aspects of divorce can vary depending on the circumstances of the individual case, but some of the most common legal issues that arise in a divorce include:

  • Grounds for divorce: In general, divorce can now be granted on the basis of fault or no-fault grounds. Fault grounds may include things like adultery, cruelty, or desertion, while no-fault grounds may include irreconcilable differences or irretrievable breakdown of the marriage.
  • Property division: Property acquired during the marriage is considered marital property and subject to division between the parties. Property division may be based on principles of equitable distribution or community property.  Property that was already previously owned by either spouse can also be considered marital property.
  • Spousal support: Spousal support, also known as maintenance, may be awarded in some cases to provide financial support to a spouse who is not financially self-sufficient. Spousal support is usually based on factors such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.
  • Child arrangements: When a couple with children divorces, the court will need to make a determination about child arrangements. The court will consider factors such as the child’s best interests, the parents’ ability to provide for the child’s needs, and the child’s relationship with each parent.
  • Child maintenance: When a couple with children divorces, the court will also need to determine child maintenance, or this may be left to the Child Maintenance Service to deal with. Child support is typically calculated based on the income of the non resident parent and there are specific calculations that are used for this to make the process as fair as possible.
  • Divorce decree: At the conclusion of a divorce proceeding, the court will issue a divorce decree that outlines the terms of the divorce, including property division, spousal support, child arrangements, and child maintenance.

These are some of the most common legal aspects of divorce, but divorce law can be complex, and the specific legal issues that arise will depend on the jurisdiction and the specific circumstances of the case. It is important to consult with an experienced lawyer to ensure that your legal rights are protected throughout the divorce process.

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