Contested Divorce Laws
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Let us consider that both spouses agree with each other to divorce but do not accede with one another regarding the issues of the divorce like child custody, asset distribution etc. This is a case of a contested divorce. Each state in the United States has laid down different divorce laws regarding the contested divorce in the respective state. Accordingly, the spouses in different states undergo different steps for the divorce to take place.
Illustrations of Contested Divorce Laws
Georgia
- Some legal grounds of divorce are as follows
- Habitual intoxication
- Drug addiction
- Mental illness
- Adultery
- Impotency
- Blood relation marriages
- In case of child custody, the judge views which parent has the capacity to take care of the child and makes this parent, the custodian. In case the child has crossed 14 years of age, the child has the right to select the custodian
- While deciding the property distribution, the court observes that the properties of each party remains with that party
- The judge is empowered to advise the couple to opt for counseling with an aim of reaching a settlement on specific issues of the divorce
Alabama
- One or both of the spouses filing for divorce must be residing in this state for minimum 6 months prior to the date of filing
- Non residents are not eligible to file for divorce
- Some legal grounds of divorce are as follows
- Domestic violence
- Incompatibility
- Crime against nature
- Adultery
- If the couple decides on separation agreements, the court may award legal separation to the couple rather than divorce
Illinois
- The legal ground for divorce is that the husband and wife should have resided apart and separate for minimum 2 years
- The husband and wife may opt to file for a legal separation divorce. In this case, the spouses are separated but the marriage is not cancelled
- The property division takes place fairly and equitably. This does not imply a 50:50 division of property
From the above examples, it is clear that the states in the US have specified different contested divorce laws. The spouse heading for a contested divorce should approach a competent lawyer and gain information regarding the following.
- Divorce laws
- Divorce steps
- Divorce documents
- The advantages and disadvantages of undergoing divorce in the specific state
A very simple fact is that contested divorce proceedings continue for a long period. So, it is recommended that the couple seeking divorce tries to reach a settlement agreement and thereby avoids the court litigation.
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