Divorce in 2024: Procedure Overview and Key Points

Navigating the Complexities of Divorce

Marriage creates both tangible and intangible links between two people, from moral obligations to legal and financial ties. When a couple decides to separate, divorce serves the following purposes:

• Detach the legal and financial affairs of the married couple

• Establish child custody arrangements for couples with children

• Determine any future obligations between the spouses

• Dissolve the marriage and return the couple to unmarried status

When is a divorce necessary? The divorce rate has trended downward in recent years, but there are numerous reasons why you may seek a divorce, from simple incompatibility to more serious situations of domestic abuse.

No matter the reason for your divorce, there are important legal and financial considerations you will want to keep in mind as you navigate the process.

4 Key Issues Resolved in a Divorce

A divorce can address four crucial issues, although some cases will involve only a subset. These issues include the following:

1. Child Custody

Also called a parenting plan in some states, a custody arrangement determines both the physical and legal custody of a child. Physical custody is the child’s living arrangement. It includes where the child lives and when they change locations—a schedule that used to be called “visitation.”

Legal custody is the right to determine the child’s upbringing. It includes decisions involving the following matters:

• Education

• Healthcare

• Religion

• Sports

Most arrangements involve joint physical and legal custody. This means the child spends time, although not necessarily equal time, with each parent. Moreover, each parent has the right to participate in the decisions affecting the child.

Judges in all states make these decisions based on the child’s best interests. Many states, such as Washington, believe a child’s best interests are served by having both parents involved.

2. Child Support

Both parents have a legal duty to support their children financially. When a child spends the majority of their time living with one parent, often due to their school location, the other parent might need to pay child support to equalize the parents’ financial contributions.

Additionally, the child is entitled to maintain their financial lifestyle after the divorce and deserves support from both parents to accomplish that.

3. Property Division

While child custody raises a divorce’s most emotional issues, property division presents some of its most complex. States apply the two theories to divide a married couple’s property.

A minority of states, including California, have a community property system. In these states, the court divides the couple’s property into separate property and community property.

Separate property includes property obtained before the marriage, as well as inheritances and personal injury settlements. Community property includes property obtained during the marriage, other than some specific exceptions. In a divorce, the spouses keep their separate property and divide the community property.

A majority of states, such as Florida, require an equitable distribution of property. This system is much more flexible and, as a result, complex. Rather than dividing property equally, the court divides it fairly. As a result, a spouse and their property division lawyer can introduce issues such as their education, job prospects and health to gain a larger share of the couple’s property.

4. Spousal Support

The court does not need to award spousal support. However, it may do so when the spouses have disparate economic statuses. For example, if one spouse puts their education and career on hold to send the other spouse to college, they might have a disadvantage when seeking employment. Similarly, if one spouse has health issues, they might have greater expenses than the other spouse.

A court can order spousal support, also called alimony, to ensure the ex-spouses can have the same living standard as they had during the marriage. This support may last for a defined period, such as four years, to allow the recipient to pursue a degree or establish a business. It may also continue indefinitely, with most alimony orders ending upon remarriage.

How the Divorce Process Works

In some states, divorces are handled in special family courts. In other states, the trial court of general jurisdiction, such as a district court or superior court, handles divorces along with other civil and criminal matters.

A spouse starts a divorce by filing divorce papers with the appropriate court. Every state allows no-fault divorce. This type of divorce does not require the petitioner to give reasons for the divorce other than no longer wanting to be married.

A majority of states also allow fault-based divorces. In these divorces, the petitioning spouse can give reasons for divorcing, including:

• Physical abuse

• Financial misconduct

• Adultery

• Substance addiction

• Abandonment

• Separation

For most states, the same procedures apply whether a spouse alleges these grounds or not. In some states, fault-based divorces skip a mandatory cooling-off period applied to many no-fault divorces. Additionally, the reasons might give the court a preview of the arguments for alimony or a greater share of the couple’s property.

The spouses do not need to contest the four issues. In an uncontested divorce, the couple agrees on the terms of the divorce and submits their proposal to the court for approval. If the couple disagrees on one or more of the issues, the divorce becomes contested. The court handles contested divorce disputes.

At the end of either type of divorce, the court issues a final decree. This order dissolves the marriage. It also sets out the custody arrangement, orders child and spousal support and divides the couple’s property. Once issued, the former spouses can legally marry someone else.

Learn More About Divorce From ConsumerShield

ConsumerShield demystifies the legal system by educating people about their divorce rights. We can review your situation and help you find an attorney practicing family law. Divorce can be a complicated process. Contact us for a free case review today.