Divorce Laws

All cases must be filed in state court with precise conformity with state divorce laws required. A formal pleading known as a "Petition" must be filed with the clerk and becomes a public record. Thereafter, deadlines begin to run for the filing of subsequent pleadings.

In the simplest cases in which all issues of material fact and law are agreed (uncontested divorce) courts accept sworn pleadings and typically require only one spouse to be present at a final hearing to read testimony into the record. Courts rarely, if ever, deny an uncontested divorce so long as all divorce laws are satisfied.

Divorce Law Provided By Statutes

The primary source for divorce law is found in state statutes which are ordinarily codified in Family Codes. Most states have adopted uniform acts governing family law matters as integral parts of their Family Code. These uniform acts provide consistency throughout the U.S. and require child support guidelines, reciprocity in the enforcement of judgments, and finality through recognition of decrees issued by other states. An efficiency is achieved: re-litigation of issues is avoided (res judicatta) and broad enforceability from state to state is simplified.

Divorce Law Provided by Cases

As courts reach new decisions daily, the precedent established by the determination of new or novel issues becomes binding upon subsequent judges who may consider the same issue (stare decisis - the matter already decided). As a result, divorce laws evolve daily. Family law lawyers must constantly stay abreast of all new developments through advance sheets which describe these decisions. In the event that decisions results in a conflict of law decided by different courts, or among decisions decided by the same court, an appellate court may accept appellate jurisdiction to reestablish the consistent application of divorce law throughout the state.

See Also: Do It Yourself, Free Form, Quick, Divorce Law Questions