A divorce is a process of dissolving a legal marriage. When any married couple does not want to possess constitutional or legal rights to divorce the United States permits the divorce. According to the Constitution, this process serves as public policy.
In some states, there is a cooling-off period that requires the spouses to seek and initiate the divorce process. This cooling-off period typically lies between 60 days. Any spouse can avoid the cooling-off period if they solve the issues related to divorce in the family court.
What Divorce Law Says?
The state divorce law concentrates more on property distributions and the children’s responsibility distributions. Modern divisions of property statutes strive for the equitable divisions of marital assets. By dividing the assets a judge attempts to help both parties to start their post-material lives with proper financial self-sufficiency.
Most of the courts recognize the following factors for determining equitable divisions of marital assets.
- Proper accumulation of marital property measurements
- Contributions in the accumulations of marital property.
- Liabilities of respective parties.
- Duration of the marriage.
- Age and health of the respective parties.
- Earning potentials and the employability of the respective parties.
- Values of each party’s separate property.
- Pensions and retirement rights of each party.
- Who will get the custodial and the child support provisions?
- Contributions of the spouses as the homemaker and as a parent.
- Tax consequences of the allocations.
- One spouse’s marital misconduct was caused by divorce.
These are the common facts that are evaluated in every divorce case for proper property distributions.
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