Post on 19-Jan-2016
Section 20.2
Divorce and Its Legal Consequences
Section 20.2 Divorce and Its Legal Consequences
A divorce is a legal declaration by a court that a marriage has ended.
The process for obtaining a divorce varies from state to state.
Section 20.2 Divorce and Its Legal Consequences
Grounds for divorce include:
adultery
cruelty
desertion
nonsupport
Section 20.2 Divorce and Its Legal Consequences
Adultery is when a spouse has sexual relations with someone outside the marriage.
Section 20.2 Divorce and Its Legal Consequences
Cruelty is physical or mental abuse of one’s spouse that endangers the spouse’s life.
To prove cruelty usually requires more than one act.
Section 20.2 Divorce and Its Legal Consequences
Desertion is when a spouse leaves with no intent to return.
Nonsupport is when a spouse had the means to provide financial support but willfully failed to do so.
Section 20.2 Divorce and Its Legal Consequences
Most states have a no-fault divorce law.
A no-fault divorce is a divorce granted by agreement of the parties without one party proving the other party guilty of misconduct.
Section 20.2 Divorce and Its Legal Consequences
There are three main issues in legally settling a divorce:
alimony
division of marital property
child support and custody
Section 20.2 Divorce and Its Legal Consequences
Alimony is financial support paid by one spouse to the other based on his or her income and resources.
Section 20.2 Divorce and Its Legal Consequences
State law and judges decide how marital property will be divided.
States are either:
community property states or
non-community property states
Section 20.2 Divorce and Its Legal Consequences
In community property states, each spouse is entitled to one-half of the property acquired during the marriage.
In non-community property states, property is divided according to how much each spouse contributed to the marriage.
Section 20.2 Divorce and Its Legal Consequences
Upon divorce, each parent has a right to custody of children born during the marriage.
Section 20.2 Divorce and Its Legal Consequences
Legal custody is a parent’s right to make major decisions about a child’s health, education, and welfare.
Physical custody deals with which parent a child will live.
Section 20.2 Divorce and Its Legal Consequences
Sole custody is when one parent is granted full custody rights.
Joint custody is when both parents share custody rights of a child.
Section 20.2 Divorce and Its Legal Consequences
Both parents have a duty to provide child support, regardless of which parent has custody.
Child support is based on each parent’s financial capacity and needs, and the needs of the child.