Divorce
There are two types of divorce - absolute and limited. An absolute
divorce is a judicial termination of a marriage based on marital
misconduct or other statutory cause arising after the marriage
ceremony. As a result of an absolute divorce both parties' status
becomes single again.
Several jurisdictions' statutes authorize limited divorces;
the consequences of limited divorces vary from state to state.
Typically, a limited divorce is commonly referred to as a separation
decree; the right to cohabitation is terminated but the marriage
is undissolved and the status of the parties is not altered.
Many states have enacted what is called no-fault divorce statutes.
This is a response to outdated common law divorce which required
proof in a court of law by the divorcing party that the divorcee
had done one of several enumerated things as sufficient grounds
for the divorce. This entailed proving that the spouse had committed
adultery, or some other unsavory act. No-fault divorce eliminates
this potentially embarrassing and undesirable requirement by
providing for the dissolution of a marriage on a finding that
the relationship is no longer viable. It is hard to tell whether
no-fault divorce statutes are the cause or an effect of the rising
national divorce rate in America. Look to various state laws
for divorce law information.
Annulment
In a marriage annulment (also known as "nullity of marriage"),
the presiding judge will make a decision as to whether or not
a marriage is legally valid. This action can be filed by a married
person to restore the parties to the status of unmarried persons,
as if they were never married. Because irreconcilable differences
are not a reason enough for getting an annulment, these type
cases are different from divorce cases.
Top^
Child Support
Child support is the amount of money that the court orders one
parent to pay the other parent every month for the support of
the child (or children). California has a guideline for figuring
out how much child support should be paid in all cases. Child
support payments are usually made until children turn 18 (or
19 if they are still in high school full time, living at home,
and can't support themselves). The court may also order that
both parents continue to support a disabled adult child that
is not self-supporting.
Separation
Separation, in the law of domestic relations, either a separation
agreement, that is, a contract entered into between husband and
wife by which they agree to live apart; or a judicial separation,
a court decree that separates the parties to the marriage and
provides for their living apart. Separation does not dissolve
the marriage relationship. A separation agreement contains provisions
for the custody and support of minor children, as well as for
the division of property between the parties.
