Which US states have strict divorce laws, such as property division, child support, or adultery?
( I’m currently reading a novel in which the main character divorces his wife, which made me interested in this story.)
Which US states have strict divorce laws, such as property division, child support, or adultery?
( I’m currently reading a novel in which the main character divorces his wife, which made me interested in this story.)
Comments
Arkansas, Arizona and Louisiana allow covenant marriages. But (my understanding at least) you have to agree to it and it’s very uncommon.
One big difference between states is how long it takes… Some states have waiting periods of over a year and/or required separation periods.
I’m not expert, but here’s an article:
https://time.com/6274819/us-accessible-divorce-unwanted-marriages/
Not sure which all states have it but there is a thing called “covenant” marriage which limits rights to divorce. Louisiana is one. It’s different than a typical marriage in that same state.
Not sure what you mean by strict, but if you’re looking for some unique aspect it’s probably going to be Lousiana since their law is based on French Civil Law, unlike the rest of the US
Until 2010 it was New York, which was the last state to allow no-fault divorce.
If any state makes divorce feel like jumping through flaming hoops, it’s North Carolina. You want out? Cool. Go live apart for a year. They also let you sue your partner’s side piece for wrecking your marriage. “Alienation of Affection” It sounds fake, like reality TV, but it’s absolutely a thing.
All states now have no-fault divorce, which basically means that the judges don’t have to sit through a lot of soap opera drama about who done who wrong. It’s just a question of division of assets and responsibilities for kids, and spousal and child support.
However, some right-wingers want to bring back fault-based divorce rules.
Idk about other states but Louisiana in The late 90s we signed a Covenant Marriage license. We have to go through 6-9 months certified marriage counseling & be legally separated for two year, plus a few other hoops to jump through before we can even consider divorce. It’s easier to just be married.
There are variations between the states, but they’re all somewhat similar now.
All the states are “no fault” now and that just means you don’t have to provide reasons. Wanting to be un-married is a good enough reason.
I think many states do have the possibility of an at-fault divorce, but there has to be some really unique circumstances for that to make sense. Like if Elon Musk’s trust fund kid is divorcing from Jeff Bezos’ trust fund kid and there are billions of dollars involved and there was cheating and a drug problem, it might make sense to try an “at fault” divorce……but it makes no sense for most normal people.
Adultery is just a good reason to get divorced, but not a reason for anyone to get a tip.
Child custody usually defaults to 50/50 unless a parent is abusive or doesn’t want 50%. Assets are basically always divided 50/50-ish…..with protection of pre-marital assets.
Alimony does vary somewhat, but it’s generally negotiated. The laws are usually pretty clear on whether it will or won’t be applied. And from there you just look at the various methods of calculating what is fair and haggle.
I know things are pretty bad here in Mississippi. Maybe now worst
With the number variables that differ state-by-state, it’s a difficult question to answer.
Regarding the comments on no-fault divorce: While all 50 states support no-fault divorces, 33 support both at-fault and no-fault. Sixteen states plus Washington, D.C. are mandatory no-fault. At-fault divorce can influence alimony, child support, child custody, and marital property division arrangements, with many courts ruling in favor of the not-at-fault spouse.
You might consider waiting periods before a divorce can be granted as a measure of “strictness.”
To muddy the waters further, there are nine “community property” states, in which marital assets are divided 50-50. The remaining states follow “equitable distribution.”
Alimony laws vary quite a bit by state.
Adultery can have an effect on alimony rulings in certain states.
Check out North Carolina: If the court determines that a dependent spouse committed adultery, the court will not award alimony.
In California there is a 6 month mandatory waiting period after you file for divorce before it can be finalized.
Strict meaning what? To grant one, to distribute equally, cost, what?
I want to say Connecticut because my ex kept finding some stupid loophole to delay the inevitable, and the judge was too much of a softie and kept falling for it.
My lawyer even said that she made it took 2 years longer than it should have.
Ugh New York. By far.