Divorce Process in USA—Laws, Child Custody and Divorce



Divorce process in USA is hectic, especially when it involves children. This process requires that you have a lawyer to deal with your cases.

In most cases, the court favours a woman, where children, if they are under 18 are required to live with the mother.

If you are tired of your partner and you want to divorce, here it the simple procedure to follow:

  1. The first thing to do is to seek a lawyer. The lawyer will charge you upwards of $10,000.The cost of divorce case depends on duration, custody of the children and property division. Cases which involve property worth millions cost more than that involving a family without property or children.
  2. The second step is to launch a case in a court case. After you have successfully found a lawyer to represent you, you are required to provide details and circumstances surrounding your court case. Your lawyer is the one to launch a case. Since dissolution of marriage is a complex process, you need a strong lawyer to handle your case.
  3. The third step is to start appearing for the case. Both parties must be represented by a lawyer, who will tell the court why divorce.
  4. After the judge has heard both parties, he will make a ruling, which will affect any of the parties. The terms of a divorce are usually determined by a court, though they may take into account antenuptial agreements (also called “prenuptial agreements”) or postnuptial agreements. Courts may also allow the parties to agree privately to terms for the divorce, subject to the court’s final approval. Such agreements are often reached after mediation or other forms of alternative dispute resolution. If the spouses are able to agree to the terms of the final divorce prior to filing, it is often called an “uncontested divorce.” Uncontested divorces are usually much less expensive, much more amicable, and much quicker than disputed divorce cases.
  5. For purposes of distributing assets after a divorce, courts divide property under one of two basic schemes: community property or equitable distribution. In community property states, both the husband and wife equally own all money earned by either one of them, regardless of which spouse acquired it, from the beginning of the marriage until the date of separation. Similarly, all property acquired during the marriage with community money is deemed to be owned equally by both spouses. Community property is generally divided equally between the spouses, and each spouse keeps his or her individually owned property (usually premarital assets).
  6. If children are involved, the mother is given custody of the kids, but the father is allowed to visit the children and provide for them. States have a significant public interest in ensuring that the children are adequately provided for, and that they are in the custody of a parent or guardian who will provide a stable and supportive home environment. All states now require parents to file a parenting plan or to decide on custody and visitation, either by reaching a written agreement or in a court hearing, when they legally separate or divorce.