| The decision to file for divorce can be a difficult one. | | | | that the property will be divided fairly but not |
| Most people believe that their marriages are solid but | | | | necessarily equally in half. Some states follow the |
| the sad truth is that many couples do get divorced. | | | | community property rule, which means that property |
| Every state has different laws to deal with divorce, | | | | is divided in half. Most states allow spouses to keep |
| so it is important for the individuals involved to be | | | | separate property, which is property acquired before |
| informed. | | | | the marriage. |
| In a no-fault divorce, both parties agree that the | | | | Alimony or spousal support can be awarded based |
| marriage is irretrievably broken with no chance of | | | | upon the financial needs of both spouses. If there |
| reconciliation. In a fault divorce, there is some type of | | | | are minor children in the marriage, child custody is a |
| concrete reason for the breakup of the marriage. | | | | big issue. Physical custody is where the child actually |
| Grounds for a fault divorce can include: adultery; | | | | lives, while legal custody is the right of the parent to |
| desertion by one spouse for a period of time; abuse | | | | make decisions about the child including education and |
| or cruel treatment; the habits of one spouse to | | | | religious practices. Custody can be awarded on a |
| abuse alcohol or drugs; the conviction of one spouse | | | | shared basis with visitation rights, joint basis, or sole |
| to prison; or the mental incapacitation of one spouse | | | | basis if one parent proves to be harmful to the child. |
| that can include hospitalization. | | | | Child support is the responsibility of the parents to |
| In some states, if a marriage is brief, produces no | | | | support the child financially. |
| children, and there is little property or assets, the | | | | Parties who wish to file for divorce should consult an |
| couple may qualify for a simplified divorce. Otherwise, | | | | attorney. Divorce can be an emotional and hostile |
| there are many different issues that need to be | | | | process, and it is best to have the help of a legal |
| decided in a divorce. Property division is usually | | | | professional. |
| awarded based upon "equitable distribution," meaning | | | | |