Divorce is the legal termination of a marriage by a court. This signifies that the marital bond between the husband and wife is dissolved. Additionally, the court may also make decisions regarding child custody and property division. Divorce can occur in various forms, such as when one party opposes the divorce or when both parties mutually agree to it. While some jurisdictions require a valid reason for divorce, others do not impose such restrictions.
A divisible divorce is a form of divorce where the marriage is terminated, but matters pertaining to the divorce, such as child custody, alimony, and visitation, are postponed for a future hearing. This type of divorce is granted when the court has authority over the case but lacks personal jurisdiction over the defendant-spouse. The concept of divisible divorce was established by the Supreme Court in the cases of Estin v. Estin and Vanderbilt v. Vanderbilt. For instance, if a couple is seeking a divorce, but one spouse resides in a different state, the court may issue a divisible divorce to dissolve the marriage, while the matters concerning child custody and alimony will be addressed in a subsequent hearing when the court has personal jurisdiction over the defendant-spouse.
A divisible divorce is a type of divorce where the court divides the marital property and debts into separate categories, making it easier to determine what each spouse is entitled to.
Property is divided into three categories: divisible property, separate property, and marital property. Divisible property is any property that can be divided, such as a bank account or a car. Separate property is property that was owned by one spouse before the marriage or was acquired by gift or inheritance during the marriage. Marital property is any property acquired during the marriage that is not separate property.
Debts are also divided into the same three categories as property. Divisible debts are debts that can be divided, such as credit card debt. Separate debts are debts that were incurred before the marriage or were incurred by one spouse alone. Marital debts are debts incurred during the marriage that are not separate debts.
The court will consider a number of factors, including the length of the marriage, the income and earning potential of each spouse, the contributions of each spouse to the marriage, and the needs of each spouse.
Yes, a spouse can be awarded more than 50% of the marital property if the court determines that it is equitable to do so based on the factors mentioned above.
No, a spouse cannot be held responsible for the other spouse’s separate debts in a divisible divorce.
Yes, a spouse can be awarded alimony in a divisible divorce if the court determines that it is necessary based on the factors mentioned above.
The length of a divisible divorce can vary depending on the complexity of the case and the willingness of the parties to reach a settlement. It can take anywhere from a few months to a year or more.
It is highly recommended that you hire a lawyer for a divisible divorce, as the process can be complex and the outcome can have a significant impact on your financial future.
In some cases, the terms of a divisible divorce can be modified if there is a significant change in circumstances, such as a job loss or a serious illness. However, it is generally difficult to modify the terms of a divorce once it has been finalized.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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