Divorce Basics

Divorce laws and procedures are different in each state. Most states have simplified procedures for "no-fault" or "irreconcilable differences" divorces.

Property obtained during the marriage is normally divided equally. Property owned prior to the marriage, or property that is received during the marriage by gift or inheritance, normally stays with its original owner or recipient.

Determining the custody of children and the resulting visitation schedule can present the most difficult issues in a divorce. Courts seek a safe and stable environment that allows children to thrive.

When parents separate, child support begins immediately in an amount established by each state. Child support is computed based upon a formula that is either a percentage of the noncustodial parent's income or an amount based upon the income of both parents.

In a divorce, a judge may award spousal support (alimony) to a financially disadvantaged spouse. Some states have formulas establishing alimony based upon years of marriage and income, while other states simply identify a list of factors courts must consider in determining a proper amount.

Smart planning can put you in a better position to move forward following the divorce.