Divorce in America 2023 .. Types, laws and procedures, rights of husband and wife after divorce
Divorce in the US is a legal process that ends the marriage relationship between a married couple and is dealt with under federal law and state laws. The status and types of divorce vary between different states in the United States.
Divorce in the United States is subject to state laws, and is also legally known as dissolution of the marriage contract. The divorce process varies from state to state, but in general, the divorce process begins with a request to file a divorce case with the court.
Spouses must provide documents proving that conditions such as residency requirements and legal grounds for divorce are met.
Are the laws and procedures followed? And how many types of divorce are there in America? And what are the rights of husband and wife after divorce?
Laws and Procedures for Divorce in America
The laws and procedures for divorce in the United States vary according to the state in which the application for divorce is filed. However, common divorce procedures in the United States include the following:
Submission of request for divorce: The request for divorce must be submitted to the competent court of the state in which the marriage took place, and the spouses must provide information on the reasons that lead them to request divorce Are.
Notifying the other partner: The other partner must be informed about the request for divorce and provided with a copy of the request.
Responding to the request: The other partner is provided with an opportunity to respond to the request and respond to it, and the other partner can submit an approval or objection.
Court hearing: If no agreement is reached, a court hearing may be scheduled to determine contentious issues such as child custody and division of property.
Issuance of the Decree of Divorce: After completing all the necessary legal procedures and steps, the judge issues the final decree of divorce that ends the marriage.
It should be noted that the procedures outlined vary widely by state, and the laws relating to divorce are enforced differently in each state.
Types of Divorce in the United States
There are three main types of divorce in the United States:
contentious divorce
The contested divorce system in the United States differs from the legal system for divorce in some other countries. In the United States, either party may file for divorce regardless of the other party's wishes for a divorce.
Acceptable reasons for divorce in the United States are varied, including marital incompatibility, domestic violence, infidelity, addiction, religious or cultural differences, and others.
The process for a contested divorce varies by state, but typically the couple must go to divorce court and file for divorce.
It should be noted that Muslim couples in the United States can negotiate a divorce according to Islamic law, with some legal procedures that vary by state.
Finally, couples considering divorce in the United States should speak with an attorney who specializes in divorce and marriage laws to obtain legal advice regarding their rights and obligations in the process.
divorce by agreement
In the United States, couples can reach a divorce settlement without going to court. This type of divorce is known as "divorce by agreement" or "amicable divorce".
In this case, the spouses sign an agreement that sets forth the terms of the divorce, including custody, financial support, and the distribution of money and property.
Divorce agreement by settlement must be in writing and signed by both the spouses and the agreement must include all the main conditions that the spouses must agree to before finalizing the divorce.
In some cases, the agreement may need to be reviewed by lawyers on both sides to ensure that all matters are handled properly.
The couple may also independently agree to an amicable divorce, or they may seek assistance from a neutral mediator such as a divorce attorney or divorce mediator.
Divorce by agreement is a much less expensive and quicker process than divorce by dispute, and it can also save time, money and stress for the spouses.
It should be noted that divorce by agreement may require legal procedures to obtain a judicial decision, accepting that the agreement is valid and must be executed. However, these procedures are much easier and faster than the procedures related to contested divorces.
uncontested divorce
An uncontested divorce in the United States can be quicker and cheaper than a contested divorce. This type of divorce is known as "uncontested divorce" or "unanimous" in this type of divorce.
The couple reaches an agreement on all the terms of the divorce, including custody, financial support, and distribution of money and property.
In case of uncontested divorce, the parties are not required to attend the court hearing or submit the statements of witnesses and the court takes the final decision based on the agreement reached between the spouses.
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Few minor things the couple has to do to finalize the divorce
There are legal formalities to go through, but generally an uncontested divorce is quick and smooth.
It is to be noted that couples who decide to have an uncontested divorce cannot do so independently and must seek the assistance of a divorce lawyer or a divorce mediator.
It is important that an agreement is signed between the spouses that includes all the terms related to the divorce, and the agreement should indicate all the important matters that must be agreed upon before the divorce can be completed.
Rights of wife after divorce in America
A wife's rights after a divorce in the United States vary greatly according to the state in which the case is located, the details of the divorce, and the agreements reached between the two parties.
However, some of the general rights available to both the parties after a divorce in the United States can be summarized as follows:
custody and legal care of children
guardianship rights are determined and
The legal care of children during divorce proceedings depends on the child's best interest, safety and the wishes of the parents.
Exclusive custody (where the child lives with one parent permanently) or joint custody (where the child lives with both parents in equal proportion) is specified.
children's cooperation
After a divorce, either parent must pay child support. The amount is calculated based on the income of each parent and the needs of the children.
property division after divorce
When applying divorce laws in the US, US courts divide property based on two basic rules:
1. Common Ownership
In community property states, husband and wife have equal ownership of all money received from the beginning of the marriage until the date of separation.
In this case, the property is divided equally between the spouses, while each spouse retains any property they may have acquired prior to the marriage.
2. Equal distribution
In equitable states, property and assets acquired during the marriage are divided equally, but not necessarily equally.
The court considers many factors such as the contribution of each spouse to the acquisition of the property, as well as the intangible value of the property, taxation and other economic consequences of the distribution, the needs of each of the spouses, as well as many others. Factor ...
spousal support
Spouses can seek financial support from the other party after a divorce, if needed, and the amount is calculated based on the income of both parties and the circumstances of the divorce.
visitation and contact rights
The wife or husband has the right to visitation and contact with the children after the divorce, unless there are legal constraints or related to the safety of the children, and the court may schedule visitation and contact according to the best interests of the children.
It is important to note that these rights are general and may vary in scope and application between different states in the United States.
Therefore, it is advised to seek legal advice from a lawyer expert in matrimonial and family matters to better understand your rights and duties in the event of a divorce.
Finally, dear reader, we present to you, this explanatory video for journalist Afaf Ahmed, who lives in the United States on Americana Channel, where he goes to answer all the questions raised about divorce in America. Lawyer Nada Mohiuddin hosts:
Divorce in America Frequently Asked Questions
How long does the divorce process take?
Duration of Divorce Process in America The duration of divorce process in America depends on many things, in some cases, or in some states.
Processes can be completed in as little as two or three months, but can take years if there are many issues that need to be resolved.
What is the divorce law in America for Muslims?
A Muslim in America who has married according to American laws cannot be divorced unless he follows the procedures described earlier in this article.
There are many Islamic centers that play the role of arbitration or help determine legal maintenance and other matters.
However, in all cases, the court's decree of divorce or annulment of the contract is the sole legal argument to prove the divorce and not just the oral divorce.
Divorce after getting a green card?
If a divorce occurs before the application for a green card is approved, the green card process for the receiving beneficiary will end, and the relationship that made him or her eligible will be dissolved.
However, if you are already a lawful permanent resident and have held a 10-year green card, you are mostly unaffected by the divorce.
If you get divorced during the process of applying for a green card to get married, the application will be closed and the application will not continue. Divorce or separation may affect your legal status if it is dependent on your spouse's immigration status.
If your post-divorce green card is based on a marriage to a US citizen or lawful permanent resident and you were married for less than two years at the time of the divorce, you may lose your conditional permanent resident status.
There is nothing in US immigration law that says that once people divorce or dissolve their marriage, their efforts to obtain a green card automatically end.
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