Section 20.2

Divorce and Its Legal Consequences

Section 20.2 Divorce and Its Legal Consequences

A divorce is a legal declaration by a court that a marriage has ended.

The process for obtaining a divorce varies from state to state.

Section 20.2 Divorce and Its Legal Consequences

Grounds for divorce include:

adultery

cruelty

desertion

nonsupport

Section 20.2 Divorce and Its Legal Consequences

Adultery is when a spouse has sexual relations with someone outside the marriage.

Section 20.2 Divorce and Its Legal Consequences

Cruelty is physical or mental abuse of one’s spouse that endangers the spouse’s life.

To prove cruelty usually requires more than one act.

Section 20.2 Divorce and Its Legal Consequences

Desertion is when a spouse leaves with no intent to return.

Nonsupport is when a spouse had the means to provide financial support but willfully failed to do so.

Section 20.2 Divorce and Its Legal Consequences

Most states have a no-fault divorce law.

A no-fault divorce is a divorce granted by agreement of the parties without one party proving the other party guilty of misconduct.

Section 20.2 Divorce and Its Legal Consequences

There are three main issues in legally settling a divorce:

alimony

division of marital property

child support and custody

Section 20.2 Divorce and Its Legal Consequences

Alimony is financial support paid by one spouse to the other based on his or her income and resources.

Section 20.2 Divorce and Its Legal Consequences

State law and judges decide how marital property will be divided.

States are either:

community property states or

non-community property states

Section 20.2 Divorce and Its Legal Consequences

In community property states, each spouse is entitled to one-half of the property acquired during the marriage.

In non-community property states, property is divided according to how much each spouse contributed to the marriage.

Section 20.2 Divorce and Its Legal Consequences

Upon divorce, each parent has a right to custody of children born during the marriage.

Section 20.2 Divorce and Its Legal Consequences

Legal custody is a parent’s right to make major decisions about a child’s health, education, and welfare.

Physical custody deals with which parent a child will live.

Section 20.2 Divorce and Its Legal Consequences

Sole custody is when one parent is granted full custody rights.

Joint custody is when both parents share custody rights of a child.

Section 20.2 Divorce and Its Legal Consequences

Both parents have a duty to provide child support, regardless of which parent has custody.

Child support is based on each parent’s financial capacity and needs, and the needs of the child.