Learning about divorce and family laws specific to your state is important when making decisions about your case and determining your options. Divorce is governed almost entirely by state-specific laws. This means that one state’s requirements for divorce can be different from the requirements and procedures in another state and legal rights may vary as well. It also means that the simplest concepts and types of divorce differ by state. For example, across the United States there are at least four different types of divorce with different qualifying criteria and consequences.

Four Different Types of Divorce in the United States

• Absolute Divorce
• Limited Divorce
• No Fault Divorce
• Fault Divorce

Absolute Divorce

An Absolute Divorce usually requires the petitioning party to supply some sort of evidence of harm, misconduct, or wrongdoing on the part of the other spouse. This could be infidelity, abuse, incarceration, or any other type of behavior that obviously disregards the marriage partner in a serious manner. This type of divorce legally terminates the marriage by judicial means and returns both parties to single status. Not all states offer absolute divorces and in some states like North Carolina, an absolute divorce doesn’t require any evidence of fault – it will be granted if a husband and wife have simply lived separate and apart for twelve consecutive months.

Limited Divorce

A Limited Divorce is more or less a separation that may be supervised by the court when grounds for divorce have not yet been established. In states like Maryland, a couple may qualify for a limited divorce upon a showing of cruel treatment, excessive vicious conduct, desertion, or voluntary separation. In states like California, where “limited divorce” is not an option, a couple may instead file for a legal separation. In both limited divorces and legal separations, the marriage relationship is not terminated and husband and wife remain legally married to each other. After a period of time in limited divorces, or upon the request of either party to a legal separation, a family court judge may grant a conversion divorce and terminate the marital status of the formerly separated couple.

No Fault Divorce

States across the country have enacted 'no fault' divorces in efforts to respond to outdated divorce laws requiring parties to provide proof of adultery, or other major misconduct. Not all states have no fault divorces.

In no fault divorce states, divorce may be granted on one of the following grounds:

• Irreconcilable differences make the marriage beyond repair and it's in the interest of both parties to legally end the marriage
• Conflict of personalities has made the marriage unlivable and no hope for marriage reparation exists
• The relationship is no longer viable
• The marriage has been irretrievably broken

Most states offer some type of no fault divorce. Some states have stringent requirements around the law like Alabama and Alaska where a no fault divorce will only be granted after a couple has been separated for two years before finalizing the divorce. Other states no fault requirements are lenient and simply require one spouse to declare that the marriage is irretrievably broken.

At Fault Divorce

A number of states, including New York, have at-fault divorces, which require a showing of fault before a divorce may be granted. In at fault divorce states, spouses must prove any one of the following or other at fault grounds:

1. Impotency
2. Adultery
3. Abandonment
4. Willful or malicious desertion or absence
5. Conviction of any crime that, by the laws of the state, renders the party infamous
6. Conviction of a felony and sentenced to confinement in the penitentiary
7. Attempted murder of a spouse
8. The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband
9. Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage
10. Cruel and inhuman treatment

Not all states offer at fault divorces. To find out whether yours is an at fault or no fault divorce state, select your state in the drop down menu provided below.

Divorce and Family Laws

Divorce and Family Laws, also known as law of domestic relations or matrimonial law, are any laws applying to families in legal situations and govern the following:

• Separation
• Divorce
• Alimony, Spousal Support or Maintenance
• Child Support
• Child Custody
• Adoption
• Termination of parental rights
• Paternity issues
• Property division
• Domestic violence

Most state laws address nearly every imaginable divorce and separation scenario, but because each case is different, you should make a close and thorough examination of laws applicable to your case with the assistance of legal counsel.

Collaborative Law

Collaborative law is a relatively new process for dealing with legal situations and does not consist of laws enacted by state legislatures or established by case precedence. Collaborative law is the name of an optional process that allows couples to resolve their divorce, child support, child custody, and other family law matters without the assistance of a state judge, commissioner, mediator, or family law facilitator.  In a collaborative law divorce both parties actively participate in discussions and meetings with lawyers and one another regarding their case. The goal is for the couple to reach an agreement without the stress of court (and costs.) Both parties work together towards an agreement, which they both sign. The lawyers in the collaborative law process agree not to represent either party should the process fail and end up in court.

If both parties are willing, open, and somewhat amicable this is an excellent option for all involved.

Your Child Custody/Support Case and the Law

There are numerous factors that states and courts consider during child custody and child support cases. If you've entered into a no fault divorce the general guidelines used for child support and custody will be followed, however, if there are extenuating circumstances in your divorce, additional factors will be almost certainly considered.

Additional Factors Impacting Child Custody/Support Cases

• Abuse by either party to a spouse or child
• Alcohol or drug abuse by either parent
• Mental or emotional problems with either parent
• Imprisonment of either parent
• Inability to provide by either parent
• Desertion of child/ marriage by either parent

It is vital that you know the laws specific to your state, find a good lawyer with whom you feel comfortable, and be honest with him or her about the circumstances of your marriage and divorce. You'll be prepared for the challenges that may arise if you're fighting for custody or support of your children.

Many women and men make mistakes in marriages and relationships; one bad choice isn't usually grounds for losing your parental rights – as long as the mistake doesn't include abuse or endangerment of your child. Taking the time to know the family and divorce laws in your particular state could prove to be extremely helpful in your court case.

Rely upon your state’s laws when addressing all divorce-related issues including, but not limited to, child custody, spousal support, alimony, property division, residency requirements and grounds for divorce.

To find your state’s divorce laws online, select your state in the drop down menu provided below.

Select State   Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Divorce laws written by state legislatures are often difficult to understand. Visit your local law library and read additional legal treatise and case material that more clearly explains your state’s family laws. There are many good books on the topic that are very easy for the layperson to understand. Check out your local library or the State Specific Divorce Books in our online shop.

This article is not legal advice. The information provided herein is for general education purposes only. You should consult an attorney if you have legal questions that relate to your specific divorce.

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