Divorce Laws: Obtaining Factual Summarization For Laymen
Marriage is a social union between a man and a woman
. It is a social institution in which intimate relationships are acknowledged. The acknowledgement of this relationship may be of several natures because of the various cultures and subcultures in which it is found. Divorce is legal separation of matrimonial ties and removal of all rights and duties that were associated at the time of marriage. It is also sometimes known as dissolution of marriage.
There are several types of divorce:-
Absolute- It is a judicial termination of marriage and both parties become single again. The case can be mistrust or incompatibility etc that can lead to this type of divorce;
Limited:- It is a separation decree removing the right to cohabitation. In this case their marital status stays as married and the marriage is not dissolved.
No Fault:- This is not based on providing a proof of fault.
According to a comparative study made by John Crouch, J.D., with Monika Scoville, J.D., L.L.M., Richard Beaulieu, Ashley Sharpe, Kristen Thrine, Scott Dukat and Sarah Williams it has been found that wait period varies from 0-2 years in US and 0-6 years in Europe. The study revealed higher waiting period reduced divorce rates. In US, results revealed that enforced law correlates to lower divorce. It indicates laws have some causal effect in divorces. Some other factors influencing divorce is geographical distribution, religion, age of population, marriage rate versus mobility, modernity as some causes behind divorce.
In any case the preliminary qualification for marriage is residency status fulfillment. This is because dissolution of marriage is governed by state law. In Florida divorce has been categorized into following divisions under the no fault category:
Simplified- this type of divorce can be filed without a lawyer and after fulfilling certain conditions.
Uncontested;
Default;
Contested.
This state is a no fault state in terms of divorce suits.
Grandparents in Florida can visit a child after filing U.C.C.J.A. Affidavit chapter-752 provided certain conditions are fulfilled. These include death or desertion of any one parent, etc.
The Soldiers and Sailors Civil Relief Act provides protection for people in the army. For instance the divorce proceedings can be postponed if the spouse is on duty and 60 days afterwards. In such cases one of the spouses should stay or station in the state where divorce is filed.
The Uniform Premarital Agreement Act provides encouragement for the enforcement of prenuptial agreements. Florida Statutes Title XLIII Chap. 741.0306 provides almost the same but it doesnt require the presence of 2 witnesses in this type of agreement.
Divorce is not only separation it brings into its purview matters like alimony, property related partitions, child custody, etc. As a result it is important that you approach a
Fort Myers Divorce Attorney, if you are a resident there. This is because divorces will be filed in your local counties first.
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by: James Blatt
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