Legal Aspects of Divorce

United States

Divorce in the United States is a matter of state law, not federal law. The county court’s family division judge on petitions for dissolution of marriages. [3] National Association of Women Lawyers convinced the American Bar Association to create the Family Law section in the courts, then introduced no-fault divorce law in 1960 (cf. Uniform Divorce Bill).[4] Although some states have not formed gender bias task forces, many courts are working toward the ideal of total equality and fairness says a State Task Force Reports by the National Center for State Courts.

Each state’s legislature has enacted divorce laws that set forth the requirements for obtaining a divorce. These requirements vary from state to state. Some states maintain forms of fault-based divorce. Some states have covenant marriage which makes the divorce more difficult to obtain than in the typical no-fault divorce action.


Issues that separating spouses must decide upon are custody, visitation schedule, property division, spousal support and child support.


Concerns that may arise are fathers’ rights, order of protection, domestic violence, allegations of domestic violence, parenting plan, and alimony that family law governs as a civil law matter.


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