A divorce proceeding often becomes a complicated process because of the various aspects ranging from grounds for the divorce to other issues like that of child custody and spousal support. This is why the divorce laws often see varied interpretations in the court of law.
A recent study by the US Census Bureau has revealed that the average divorce rate in the country is 9.2 per 1000 men aged 15 and over, and 9.7 per 1000 woman aged 15 and over. These numbers if not alarming are not heartwarming either. The present US society has many families dealing with the trauma of a divorce while the legality of the entire situation becomes a complicated mess that the attorneys have to sort at their end.
What makes a divorce messy? Why do the divorce laws sometime appear to be complicated? The paper work that seems insurmountable, how does this happen? To bring all these questions under one umbrella, why is the divorce proceeding often so complicated? Well, the reasons for these complications are listed below.
* Ground Or Reason For Divorce
A key step of a divorce proceeding is the one which seeks to determine the reason for the breaking up of the marriage. The various factors that can be counted as the reasons for divorce include adultery, desertion, addiction, abuse, etc. A notable aspect of the US divorce law that can be mentioned here is the ‘no-fault’ law, wherein divorce can be granted on the basis of irreconcilable differences.
* Communal Property
Another aspect of divorce proceedings is the one entailing communal property, which varies on the basis of the location of the concerned couple. It is the location and the respective incomes of the couple which determine the fraction of the marital property to be awarded to either of them. In case a prenuptial agreement has already been there in place, then that will also be considered during the division of material items and assets.
* Child Support/Custody
It is a sensitive issue as it seeks to decide who should have the custody of the child. Each US state has its own specific laws to address this issue, which also determines the quantity of time that a parent will be able to spend with the child. There is also the issue of child support, if the law finds one parent to be the primary caretaker of the child.
* Spousal Support
This is another common factor in divorce proceedings, with every US state having a specific law of its own on this issue. Spousal support is awarded on such occasions where one partner is found to be unable to support himself/herself financially, given the fact that the other partner was the soul breadwinner of the family. On the occasion of an appeal for spousal support, it is a common practice to consider the time for which the couple has been married to evaluate the validity of the appeal, and then determine the amount if the appeal is found to be valid.
As mentioned above each case becomes different from the other, owing to the difference in the jurisdiction of the states in which the divorce case is filed. The divorce laws in Maryland are completely different from those in California, or Illinois, but the reasons for a case becoming complicated may be the same. An experienced divorce attorney can be really helpful in sorting out these complications, and people often choose the most reputable firms to handle their case, so that they can get over with the emotional trauma of a divorce proceeding quickly.