 |
Additional Information
|
|
Divorce: An
Overview
There are two types
of divorce-- absolute and limited. An absolute divorce, (also
called a "divorce a vinculo matrimonii") is a judicial termination
of a marriage based on marital misconduct or other statutory
cause arising after the marriage ceremony. As a result of
an absolute divorce both parties' status becomes single again.
Several jurisdictions'
statutes authorize limited divorces, or "divorce a mensa et
thoro." The consequences of limited divorces vary from state
to state. Typically, a limited divorce is commonly referred
to as a separation decree; the right to cohabitation is terminated
but the marriage is undissolved and the status of the parties
is not altered.
Many states have
enacted what is called no-fault divorce statutes. This is
a response to outdated common law divorce which required proof
in a court of law by the divorcing party that the divorcee
had done one of several enumerated things as sufficient grounds
for the divorce. This entailed proving that the spouse had
committed adultery, or some other unsavory act. No-fault divorce
eliminates this potentially embarrassing and undesirable requirement
by providing for the dissolution of a marriage on a finding
that the relationship is no longer viable. It is hard to tell
whether no-fault divorce statutes are the cause or an effect
of the rising national divorce rate in America. Look to various
state laws for divorce law information.
To see the links
provided by the Legal Information Institute of Cornell University,
click here: http://www.law.cornell.edu/topics/divorce.html
To see tables of
divorce law provided by the Legal Information Institute of
Cornell University, click here: http://www.law.cornell.edu/topics/Table_Divorce.htm
Child Custody:
An Overview
Generally, statutes
authorize the court having jurisdiction of divorce proceedings
to determine who shall have custody of children from the marriage.
(The authority to do so is considered part of the original
jurisdiction of the court, and not as a new authority being
conferred upon them.) Under the common statutory provision,
the parents of a child born within a marriage are joint guardians
of that child and the rights of both parents are equal--each
parent has an equal right to the custody of the child when
they separate.
Like other aspects
of family law, most law in this field is state rather than
Federal.
To see the links
offered by the Legal Information Institute of Cornell University
click here: http://www.law.cornell.edu/topics/child_custody.html
|
Additional
Information