The Best Divorce Attorneys in The USA

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What Distinguishes a Top Divorce Attorney from the Rest?

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The Divorce Resources & Information We Offer

The divorce process in the USA is beneath the jurisdiction of each state government. The dissolution of marriage (divorce) is a legal process through which a judge dissolves a marriage between two persons, and restores them single states which permits them to marry other individual persons. Depending upon the case, the divorce process may involve spousal support, custody of children, child support, and the distribution of property and division of debt.

In all US states but one, a divorce has to be certified by a court of law in order to be considered effective. Divorce terms are usually determined by each court, and they may take into consideration prenuptial and/or postnuptial agreements. In certain cases, they may ratify terms that a married couple may have privately agreed to. In the case that there is no readily available agreement of divorce terms, the contested divorce can be an expensive litigative process.

All states permit no fault divorces on the general ground of irreconcilable differences, “irremediable breakdowns”, and non-specific loss of affection claim. In some states, there is a mandatory separation period before a no-fault divorce is permitted. The states of Mississippi, South Dakota and Tennessee happen to be the only US states which require a declaration of mutual consent for approval of a no-fault divorce judgement. The remaining states allow for unilateral no-fault divorces. Each state has leading divorce attorneys in most major cities who are experienced in the state regulations and proceedings.

How We Select Our Leading Divorce Attorneys

  • Desire to Help Clients Navigate the Divorce Process 100%
  • Professional Conduct with Potential Clients 100%
  • Attention to Detail & Case Success Rate 100%
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Why work with A Divorce Mind approved Attorney

Dedicated to Success

Divorce Mind approved divorce attorneys do what is best for their clients and they guide their divorces clients through a speedy process.

Organized and Effective

Divorce Mind approved divorce attorneys are highly organized, responsive and efficiently solve divorce cases.

Compassionate and Caring

Divorce Mind approved attorneys really do care about the welbeing of their clients and we value long-term, high trust client relationships.

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Divorce Law in the USA

Divorce Law in the USA

A summary, or simple, divorce is considered when a divorcing couple meets specific requirements, and/or is able to agree upon certain key issues before entering the divorce process. Each state is different, for example, in the state of California, to qualify for a simple divorce, the couple has to meet each of the requirements below:

  • Married for less than five years
  • No children together
  • Not owners of any real property
  • Not renters of any other real property aside from current dwelling
  • Not owing more than $6,000 in debt since marriage date
  • Owns less than $41,000 in properties acquired throughout the course of marriage (does not include vehicles)
  • Not own $41,000 or more in separate properties acquired prior to marriage (does not include vehicles)
  • Will agree to waive any spousal support
  • Has signed an agreement dividing properties (which includes cars) and existing debts
  • Meets all residency requirements
USA Grounds for Divorce

USA Grounds for Divorce

There exist two basic forms of divorce: No-Fault and At-Fault. Fault grounds. The court will take into consideration the individual behaviors of each party member when it comes to dividing the property, existing debts,  custody considerations, and child support.

No-fault divorce

The no-fault US divorce system allowing for the dissolution of marriages does not need any allegations or evidence of fault on the behalf of either spouse. Three US states (Mississippi, South Dakota and Tennessee) happen to require a statement of mutual consent (in Tennessee it is depends upon circumstances) for the approval of a no-fault divorce. In the USA, the No-Fault divorce grounds include general incompatibility, a statement of irreconcilable differences, and the non-specific irremediable breakdown of a marriage.

At-fault divorce

An At-Fault divorce was once the only way to legally end a marriage. In the past, people who had specific differences, but were not qualified for an At-Fault divorce had only the option to be separated and this prevented them from legal re-marriage to another person.

There happen to be defenses against an At-Fault divorce:

  • Collusion
  • Provocation
  • Recrimination
  • Condonation
  • Connivance
USA Child Support and Custody Considerations

USA Child Support and Custody Considerations

In divorces cases that involve children, state and federal governments have an interest to ensure that disputes between parties do not unnecessarily fill the family court system. Every US state now requires parents to submit a parenting plan, and/or to choose custody and visitation terms in either a written agreement or, if necessary, in a divorce court hearing. Once a divorce is finalized, the spouse who has been given the custody (or the party with the largest portion of residence time), might be eligible to receive assets that compensate for the larger childcare expenses.

USA Divorce Rate Studies

USA Divorce Rate Studies

A 2012 study by the Pew Research center determined that approximately 78% of women who have bachelor’s degrees, and roughly 65% of men who have bachelor’s degrees married between the years 2006-2010 should expect their respective marriages to work for at least two decades if not more. On the other hand, women with an education of a high school degree or less have a 40% probability that their marriages will survive two decades. Various studies have demonstrated that the men who earn higher incomes tend to have a decreased likelihood of their marriages resulting in divorce. On the other hand, the higher a woman’s income, the lower her chances of being married at all.

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