Legal Definitions - divorce

A divorce is the legal process by which a court formally ends a marriage. It dissolves the legal bond between two individuals, returning them to the status of single persons in the eyes of the law. This process typically takes place in a family court and involves resolving various issues that arise from the dissolution of the marriage.

While historically divorces often required one spouse to prove the other was at fault (e.g., due to adultery or abandonment), most states now permit "no-fault" divorces. This means a couple can divorce without assigning blame, often by simply stating that they have "irreconcilable differences" or that the marriage has irretrievably broken down.

Beyond ending the marriage itself, a divorce proceeding addresses several critical matters:

• Property Division: The court divides assets and debts accumulated during the marriage (known as "marital property") between the spouses. This division aims to be "equitable," meaning fair and just, though not necessarily equal, considering factors like each spouse's contributions, earning capacity, and the length of the marriage.
• Child Custody and Support: If the couple has minor children, the court determines where the children will live (physical custody), how parents will make decisions about their upbringing (legal custody), and how financial support for the children will be provided by one or both parents.
• Alimony (Spousal Support): In some cases, a court may order one spouse to pay financial support to the other for a certain period. This is often intended to help a spouse maintain a similar standard of living or become financially self-sufficient after the marriage ends, especially if there's a significant difference in their earning capacities or if one spouse sacrificed career opportunities for the family.

Here are some examples illustrating the concept of divorce:

• Example 1: A No-Fault Divorce with Property Division

  After 15 years of marriage, Sarah and Mark decide they have grown apart and can no longer live together. They agree that their differences are irreconcilable and decide to pursue a no-fault divorce. They own a house, two cars, and have retirement savings accumulated during their marriage. During the divorce proceedings, the court will oversee the fair division of these assets and any shared debts, ensuring an equitable distribution that allows both Sarah and Mark to move forward financially.

  This example illustrates a common scenario where a marriage ends without blame, and the primary legal task of the divorce is to fairly divide the property and debts acquired during the marriage.

• Example 2: Divorce Involving Child Custody and Support

  David and Emily, who have two young children, decide to get a divorce. While they agree on many aspects, they need the court's help to establish a formal parenting plan. The court will determine who has primary physical custody of the children, how parenting time will be shared, and how legal decisions about the children's education and healthcare will be made. Additionally, the court will calculate and order child support payments from one parent to the other to ensure the children's financial needs are met.

  This example highlights how a divorce not only ends the marital bond but also establishes legal arrangements for the care and financial support of any minor children, which are critical components of the divorce process.

• Example 3: Divorce with Alimony Considerations

  Maria and Robert are divorcing after a 25-year marriage. During their marriage, Maria put her career on hold to raise their children and support Robert's demanding executive career. As a result, Robert now has a significantly higher income and greater earning potential than Maria. In their divorce proceedings, Maria's attorney requests alimony (spousal support) to help her maintain a reasonable standard of living and potentially pursue further education or training to re-enter the workforce. The court will consider the length of the marriage, their respective incomes, and Maria's contributions as a homemaker when deciding whether to award alimony and for how long.

  This example demonstrates how divorce can address financial disparities between spouses, particularly when one spouse made career sacrifices for the family, by potentially awarding alimony to help the financially disadvantaged spouse transition to post-marital life.