Marriage and Divorce Laws

Divorce Papers > Marriage and Divorce > Marriage and Divorce Laws

Both marriage and divorce in the U.S. is under the control of the state government rather than the federal government. So, the state laws are taken into account instead of the federal law. However, in the recent past, some responsibilities and rights of the divorcing spouses have come under federal legislation. As an example, during the 1980's, federal welfare reform ordered the creation of child support guidelines in all the states in the nation.

Some of the federal laws that are observed are as follows.

• ERISA: Employee Retirement Income Security Act
• IRS: Internal Revenue Service
• COBRA: Consolidated Omnibus Budget Reconciliation Act of 1985

Marriage and Divorce Laws pertaining to Child Support

• When a judgment for separate maintenance or dissolution or annulment is made, the court reserves the right to issue orders that one or both parents should disburse some money that is essential and reasonable for upbringing of their child
• When the money to be paid as child support is calculated, the following issues are pondered upon
  • The responsibility of both parents to support and make arrangements for the welfare of their child
  • The requirements of the child and whenever possible, the requirement for a close relation with both parents
• The court takes into account whether the parent is legally responsible for spousal support or child support of other children as per any administrative or court orders

Marriage and Divorce Laws pertaining to Child Custody

• The court that has jurisdiction of the divorce proceedings takes the final decision regarding who should have the custody of a child on the basis of various statutes
• The common statutory provision mentions that both the parents of a legitimate child are joint guardians of the child. As per this provision, both the parents are given equal rights regarding the child custody when they separate
• Most of the statutes pertaining to child custody are state based in contrast to federally based

In the United State, a majority of marriage laws are solely presided over by state laws. However, there are some federal statutes that take into account the marital status to take the decision regarding federal benefits and rights. In this way, the definition of marriage is crucial from the point of view of federal law. The U.S. Constitution comprises of the Supremacy Clause. This states that the U.S. Supreme Court has been empowered to review the constitutionality of marriage laws.

Divorce Laws

A spousal contract that settles all issues and is legally enforceable is known by different names like marital agreement, property settlement agreement, separation agreement or simply an agreement. Since only a court can grant a divorce, this contract cannot be termed as divorce agreement. An agreement may be either unmodified or modified. Such an agreement is used to settle the following issues.

• Medical insurance and expenses
• Visitation
• Child support
• Legal and physical custody
• Health and life insurance
• Alimony
• Asset and liability division

In several cases, the divorcing partners fail to develop an agreement. Then, the trial of the case is executed and the court takes the final decision regarding the various issues and drafts a judgment. If there is a material alteration in circumstances post divorce, the judgment of a court can be modified in the court.

Divorce Papers