Divorce Law

Alimony

Alimony is monetary compensation provided by one spouse for the benefit of the other. It is most often awarded to a spouse who sacrificed his/her career to attend to child care and/or household responsibilities during the marriage. If you were not economically dependant on your spouse, you generally will not be eligible to receive alimony.

Alimony is not related to child support. You can receive one, both, or none.

Annulment

An annulment declares your marriage to be void. Legally, this divorce law term means your marriage never took place. However, it’s important to remember that a church annulment is not the same as a legal annulment. Having your marriage legally annulled is an option only if you meet certain eligibility criteria.

Child Support

Child support is money that the non-custodial parent must pay to help the other parent with the expense of raising a minor child. If you do not pay court-ordered child support, you risk consequences such as losing your driver’s license, having your wages garnished, or having property seized. There is no statute of limitations on collecting back child support.

Child support should not be confused with alimony. Child support is for the benefit of a minor child, while alimony is for the benefit of someone who was economically dependant on his/her spouse during the marriage.

Common Law Marriage

Common law marriage occurs when couples live together as man and wife without a formal legal commitment ceremony. If you live in a state that recognizes common law marriage, you would be considered legally married and required to follow the same divorce proceedings as any other couple. If your state doesn’t recognize common law marriage, divorce proceedings are unnecessary.

Grounds for Divorce

Grounds for divorce is a divorce law term that is used as the legal basis for your divorce. The traditional grounds for divorce are:

• Adultery
• Physical or emotional cruelty
• Desertion
• Incarceration for a period of several years
• Failure to disclose the physical inability to engage in sexual intercourse before the marriage

Sometimes, you can obtain a no fault divorce. This is where the person suing for divorce does not have to prove that the other spouse did anything wrong. In a no fault divorce, you must simply state that the two of you can not get along. This is often referred to as irreconcilable differences.

Marital Property

During a divorce, the division of marital property is likely to become an important concern. Marital property generally includes all assets acquired during the marriage, even if these assets as listed in only one spouse’s name.

If property that you owned before your marriage has been mixed with marital property, it is now considered to be a marital asset. For example, if you had a savings account in your name before your marriage, it would be marital property if you allowed your spouse to make deposits or withdrawals at any point during the marriage.

Pro Se Representation

Divorce law terminology uses pro se representation to mean refer to someone who has not hired an attorney. A do it yourself divorce is sometimes called a pro se divorce.

Most experts do not recommend that couples attempt pro se representation. It can be difficult to accomplish if there are assets, debts, or child custody issues that must be addressed.

Uncontested Divorce

An uncontested divorce occurs when neither party is going to protest the end of the marriage or debate settlements regarding children, property, or money. However, this divorce law term doesn’t necessary mean the divorce is amicable. It simply suggests that both spouses have reached a mutually acceptable compromise.

Uncontested divorces are often the best option for people who wish to save time and money. However, an uncontested divorce is not recommended if the divorce involves physical or emotional abuse, significant marital assets, or children that require special care.

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