Divorce Laws by State

Family and divorce law differs state-by-state. Some of the statements made here are general and should apply to any country or state but to get a better idea regarding a particular topic, you can consult a divorce or family lawyer.

Law on Marriage

Laws regarding marriage status in the United States and Great Britain are generally moderated by the law of the state. There are a number of federal regulations that rely on the marital status of the couple in order to determine the federal status, such as for claims or taxes. The constitution ensures that the United States Supreme Court has full right to review any laws which are related to marriage.

Law on Divorce

Divorce agreements are similar to separation agreements, marital agreements, and agreements on the settlement of property. If both parties will fail in reaching an agreement, the court will bring the case into a trial for decision.

Agreements settle certain issues that relate to:

1. Alimony, Health Insurance and Life insurance policies and payouts

2. Division on liabilities and assets

3. Custody, child support, visitation rights

4. Medical Insurance and Expenses, College funds, other shared properties

Law on Child Custody

Generally, courts are authorized to determine, through a process of trial or proceedings, to ascertain child custody rights and responsibilities. Parents of a legitimate child are considered joint guardians, with each parent having equal rights. Each parent therefor has the right for the child’s custody upon separation. Since this is a difficult matter to decide countrywide, the right to make this decision, and the burden, fall upon the state.

Law on Child Support

The court usually orders that both parents should pay support for the child until they are grown, provided that it is a case where there is judgment for dissolution, separation, or annulment. Child support costs are be based on the facts of the couple’s separate cases. The court generally considers that both parents are responsible and obliged for the child's support.