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Divorce and Family Law are always really similar and will forever be intertwined. Marriage is the first step to the happy life with a new family, but as the sad statistics confirm, divorce is an inevitable part of the common marriage in the USA. A great majority of people commit the same mistakes and marry someone they don't actually end up being with forever. Many try to persuade themselves and their partner to make the marriage work for the good of their children, finances, or religion. Unfortunately, that is not happening often enough to make family and divorce law big business.
The Basic Issues of the Family Law in America
In the American legislation, there are lots of the items that are highly important for each individual state. The main idea is to match the current residency requirements of the USA regarding the marriage process. Let us see some of the residency requirements.
The couple can marry each other even if they do not have a residence status within the borders of any state of the USA. It makes the process of getting married easier and permits the couples to get married without waiting for the period when they finally are citizens of the states of the USA.
When the marriage is not registered officially, such a state is named as the cohabitation, so if the breaking up suddenly occurs, it will be a huge problem to get rid of. The couples also cannot be legally considered to be divorced until they get a Final Decree. The Divorce procedure in the USA also depends on the choice of the couple. It can be as fast as, for instance, 30-60 days, or it can be as long as approximately 1 year or more.
The Family Law of any state of the USA implicates the child and spousal support. All the things connected with the caring process are clearly shown in the legislation of the USA. For example, the Child Support Calculation is usually paid the huge attention. As a rule, the child custody is paid by the parent who is non-custodial, in other words, the person who does not live with the children or does not visit them a lot. The sum of money for the needs of the children may be paid in also several ways like the full one, for the whole year or the part one, that is paid monthly. The Family Court dealing with the child custody inspects such issues as the financial income of both spouses, the tax rate of both spouses, the health state of both spouses, etc. The couple has to show the documents proving their words, moreover, the Family Court can ask the child if he/she is grown enough, about the wish to live together either with this or that parent. Actually, the small children cannot tell their opinion, and the Court makes the decision of the living place of the children. According to the human rights all over the USA, the children can change their place of living when they are grown enough and even ask the Court to prevent them from their visiting this or that parent.
The Court will do its best to make a decision being suitable enough for each of the parents. In the USA, the child custody must be regulated also by the mediation process, if the situation is going to be worse. The mediators help the couples who fail to find an agreement to have a common language and agree on several issues for the sake of the children.
The Divorce Items of the USA
If the couple is getting divorced, the Superior Family Court will immediately ask the couples about the residency status. At least one of the couple should be a constant resident of any state of the USA, moreover, the term for such a residence should be not less than six months. If both spouses are not ready to give this status to the Superior Court, the spouses will not have an easy divorce process. The details you can see on the official sites of the county courts, but the information from county to county can vary.
The six months waiting period is a must-have thing when you are getting divorced. If the judge approves all the papers and documents for the divorce procedure, the spouses will have the possibility to get a Final Decree. If the spouses fail to make the papers correctly, they will need to redo them as fast as they can.
The USA is known as a No-Fault Divorce as the basic type of the divorce. Therefore, the No-Fault Divorce is much faster and less expensive. The filing fee for the No-Fault Divorce is pointed out on the official websites of the counties of the USA, so it would be rather wise to prepare yourself for finding the truly relevant information that will answer all your questions.
The grounds for the divorce procedure can also be rather significant to begin the marriage termination. There are only two relevant grounds in the USA to complete the current official marriage with the No-Fault Divorce. They are the mental illness of one of the spouses and the non-correlative differences between the spouses. The other grounds for the divorce are considered to be the Contested ones. For instance, the adultery, the violent behavior towards one of the members of the family, etc. The Contested Divorce or the Fault one is a real disaster for the couple who fails to meet the needs of each other. The spouses are constantly arguing and trying to solve their problems without thinking about each other. Such a divorce is truly long and highly puzzle.
If the spouses do not follow some rules of the divorce procedure in the USA, the Superior Family Court will give them time for the reconciliation period or for the solving the incorrect issues. The legislation of the USA is caring for the better result of any situation, so we should evaluate this fact.
In conclusion, family and divorce law are important but also vary in every situation. There is a reason why family lawyers and divorce lawyers are such a big business around the united states, just make sure you consult the right one if you are ever faced with such an unfortunate situation.