Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. In the United States, division of assets greatly depends on a state's rule of divorce. Some states are Community Property states, others are Equitable Distribution states, and others have elements of both.



Most "community property" states start with the presumption that community assets will be divided equally, whereas "equitable distribution" states presume fairness may dictate more or less than half of the assets will be awarded to one spouse or the other. Learn more about this with the Hays county divorce.

Attempt is made to assure the welfare of any minor children generally through their dependency. Thus, the spouse given custody, or the spouse with the greater share of residence time in the case of joint custody, may receive assets to compensate their greater child-care expenses.

Commonly, assets acquired before marriage are considered individual and assets acquired after, marital. Depending on the state, an equitable or equal division of assets is then sought.

Alimony, also known as 'maintenance' or 'spousal support' is still being granted in many states,. Connecticut, for instance grants alimony in over 25% of cases. Alimony is also likely in cases where a spouse has remedial needs that must be met in order for the spouse to become fully employable, for example that one spouse gave up career opportunities or development in order to devote themselves to the family. Learn more about alimonies with the Hays county divorce.

A decree of divorce will generally not be granted until all questions regarding child care and custody, division of property and assets, and ongoing financial support are resolved. Since the mid 1990s, a few states have enacted covenant marriage laws, which allow couples to voluntarily make a divorce more difficult for them to obtain than in the typical no-fault divorce action.

For example, couples who choose to undertake a covenant marriage may be required to undergo counseling before a divorce can be granted, or to submit their conflicts to mediation. In states lacking such provisions, some couples sign contracts undertaking the same obligations. If you want more information regarding issues arising from divorce, then visit the Hays county divorce.