Divorce Faqs

Divorce can be defined as a method of terminating a marriage. Legally speaking, divorce gives both individuals the right to remarry, determines the custody and care of children and divides the couple’s property. However, the prerequisites of filing a petition for divorce vary from state to state. Some states demand a residency requirement while others do not.

What are contested and uncontested divorces?

An uncontested divorce is one where the couple decides the terms of divorce and their disagreements are mainly settled outside the court. Uncontested divorces are often less expensive and can be performed without any attorney. Uncontested divorces move faster through the court system. In contested divorces, attorneys handle the case, as it involves major issues, complex legal procedures and heavy financial stakes.

How is property divided in a divorce?

In United States, each state has its own law to determine the division of property. Division of property is done based on two different systems, community property and equitable distribution. Community property is property owned equally by the couple and is divided equally at divorce. States that follow the community property system are California, Louisiana, Nevada, New Mexico, Washington, Arizona, Idaho, Wisconsin and Texas. States that follow equitable distribution system consider assets as marital property and each spouse is awarded a percentage of the total value of the assets.

Who will have custody of the children?

In accordance with the best interests of the child, the court shall determine the assignation of parental responsibilities, including parenting time and decision-making responsibilities. This is done giving considerable thought to the physical, emotional and mental requirements of the child.

What is alimony and how much child and spousal support should be paid?

Alimony can be defined as court-ordered support paid by one spouse to another after they are separated. In United States, alimony is often referred to as maintenance or spousal support. In Colorado it is called “maintenance.” However, each state has different laws and this determines the amount and period of alimony. Any alimony order for a wife will come to an end when she remarries. The federal law mandates parents to support their children. Child support laws throughout the United States attempt to ensure the child?s economic support so that its standard of living is preserved.