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State Divorce and Family Laws DivorceNet

Family law is different in each state. To find the right information for your situation, please visit the state in which you and your spouse currently reside or last lived in together. You'll find information on divorce, child custody & support, alimony and more. You can also find local attorneys if you need legal advice. When you're going through a divorce--or thinking about it--you need

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URL: https://www.divorcenet.com/topics/state-divorce-and-family-laws

Grounds for Divorce in Mississippi DivorceNet

(7 days ago) Under Mississippi law, courts can take fault into consideration in determining alimony (spousal support). (Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993).) But that's seen far less often than in the past, as the law has evolved to base alimony primarily on a spouse's needs, and not as a means of punishing the offending spouse.

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North Carolina Divorce Laws Regarding Adultery DivorceNet

(Just Now) The plaintiff only has to prove that the defendant's actions caused alienation and led to the end of the marriage. This civil action can even be brought against a mother-in-law, for example, who advised the husband or wife to leave the marriage. As stated above, innocent spouses can recover both compensatory and punitive damages.

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Legal Separation in Michigan FAQs DivorceNet

(5 days ago) No. But, Michigan law offers a similar divorce alternative called separate maintenance. Separate maintenance is like legal separation in that the court (or couple) will resolve the same issues as divorce, but the couple remains married. (M.C.L.A. 552.7.) It's crucial that opposite-sex parties understand that because you're still legally married

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Legal Separation in Louisiana FAQs DivorceNet

(6 days ago) The law doesn't require either spouse to hire an attorney for a divorce or legal separations. However, it would be beneficial for each spouse to consult with an experienced family law attorney before filing paperwork. The law for divorce and separation is continuously changing, so it's always best to have a knowledgeable advocate in your corner.

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Legal Separation in Indiana FAQs DivorceNet

(4 days ago) A separation agreement is a legally binding contract between spouses that resolves child custody, child support, property division, and spousal support issues. Like divorce, if you can't agree on all the terms, the court will decide for you. Separations agreements are valid until the couple reconciles, or files for divorce.

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Child Custody and Visitation Laws in Alabama DivorceNet

(6 days ago) The law conditions the custody decision on a judge finding that the husband is a "suitable person" to have custody. (Ala. Code § 30-3-1.) In 2015, the United States Supreme Court (USSC) issued a ruling requiring all states to legalize same-sex marriage. The law regarding a wife abandoning a husband in Alabama has not changed, and there is no

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Minnesota Child Custody Laws Custody & Visitation in

(Just Now) In the law, "joint" means "shared." It does not necessarily mean equal. (Minn. Stat. Ann. § 518.17 (b)(8).) In Minnesota, two parents can share joint physical custody of their children, and it does not mean that the children have to spend an equal amount of time in each home.

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Legal Separation in Iowa FAQs DivorceNet

(1 days ago) Iowa law requires couples to memorialize their agreement in writing before a judge can approve the separation. A separation agreement is a legally binding contract that contains the details of your arrangement, and should include: child custody and child support arrangements; an allocation of marital property and debt, and

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Michigan Child Custody Laws Custody and Visitation in

(9 days ago) Parenting time is the time a noncustodial parent spends with the children. Under Michigan law, children have a right to parenting time with the non-custodial parent unless the other parent demonstrates, by clear and convincing evidence, that visitation would endanger the child's physical, mental, or emotional health. (Mich. Comp. Laws § 722

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Mississippi Divorce FAQs DivorceNet

(1 days ago) QDROs are highly-specialized areas of family law. If you need one, you should definitely contact an experienced family law attorney for help. What Are the Child Support Guidelines in Mississippi? Child support in Mississippi is determined using the "Income Shares" model. This is a four-part model, which is used in many states and involves:

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Grandparent Visitation Rights in Michigan DivorceNet

(8 days ago) the grandchild's parent, who is a child of the grandparents, has died. the grandchild's paternity has been established, and the grandchild's parents have never married or are not living together in the same household. except where Michigan law says otherwise, if someone other than the child's parent has "legal custody" (the right to make major

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Texas Child Custody Laws Custody & Visitation in Texas

(6 days ago) Texas law has changed when it comes to the subject of child custody. This is in keeping with the state's public policy to: assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. provide a safe, stable, and nonviolent environment for the child, and.

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Child Custody and Relocation Laws in Alabama DivorceNet

(3 days ago) Alabama law requires the custodial parent to provide notice of any change in the child's residence to the other parent at least 45 days before the proposed move. While it's common for parents to move across town for work or into a new residence upon remarriage, when the proposed move is more than 60 miles away, the nonmoving parent can object

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How Property is Divided in Michigan Divorce DivorceNet

(6 days ago) The law still considers that account to be marital property. "Separate property" includes any asset obtained or earned before the marriage, or any property received through a gift or inheritance at any time. Sometimes, figuring out whether an asset is marital or separate can present complex legal or financial questions. If you're in a dispute

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Types of Child Custody in Mississippi DivorceNet

(4 days ago) There are two types of child custody under Mississippi law: legal and physical custody. The child custody laws for unmarried parents are the same as those for married ones although the documents filed and custody proceedings may be a bit different. Unmarried parents will need to establish paternity as well as custody, if paternity hasn't

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The Basics of Annulment in Indiana DivorceNet

(1 days ago) the marriage is a common law marriage that happened after January 1, 1958. Some of these grounds have additional requirements for an annulment to be granted. If one spouse was underage and failed to get the required parental consent, that's not enough for an annulment.

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Mental Health Issues and Divorce in New Jersey DivorceNet

(5 days ago) New Jersey law specifically includes grounds for divorce based on mental health issues, including addiction. They are: "voluntarily induced" drug addiction or habitual drunkenness for a period of 12 or more consecutive months after the marriage and before the divorce is started, and. institutionalization for mental illness for a period of 24 or

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Adultery in Tennessee: Does Cheating Affect Alimony

(2 days ago) Tennessee law calls these payments or property transfers alimony or spousal support. The court may order a spouse to pay alimony weekly, semimonthly, monthly, or otherwise, depending on the divorcing couple's circumstances.

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Massachusetts Child Custody Laws

(2 days ago) The law requires judges to base custody on the needs of the children, and neither parent begins with any greater right to custody than the other. Massachusetts law does not list specific factors to be considered in determining a child's best interests, allowing judges a great deal of discretion in making decisions.

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Legal Separation in Hawaii FAQs DivorceNet

(3 days ago) Legal separations are no different, and a written agreement is essential (and required) in Hawaii. A separation agreement is a legally binding document created either by the court or the parties. The contract should contain information relating to property and debt division, child custody and visitation, child support, and spousal support.

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Adultery in Oklahoma: Does Cheating Affect Alimony

(1 days ago) Adultery is a felony in Oklahoma, punishable by up to 5 years in prison or up to a $500 fine. (Okla. Stat. Ann. tit. 21, § 21-872.) Although adultery is a crime in Oklahoma, it may not impact your divorce the way you think it will. Oklahoma changed from a "fault" to a "no-fault" divorce state in 1975.

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Alaska Child Custody Laws Custody & Visitation in Alaska

(1 days ago) The law presumes that it's in the child's best interest to have a continuing and ongoing relationship with both parents. So, if the court awards physical custody to one parent, the judge will also create a visitation schedule for the non-custodial parent and the child that allows them to continue growing their relationship.

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Do Grandparents Have Visitation Rights in Virginia

(9 days ago) Virginia law allows a court to award visitation between a child and any person with a legitimate interest. This can include grandparents, step-grandparents, former step-grandparents, blood relatives and family members. Before awarding grandparent visitation, a judge will …

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Adultery in Washington: Does Cheating Affect Alimony

(2 days ago) The law contains a list of factors Washington courts must consider, including: the financial resources (including separate or community property) of the spouse seeking alimony, as well as that spouse's ability to live independently, and make child support payments, if applicable;

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The Basics of Annulment in Oklahoma DivorceNet

(2 days ago) In certain instances, Oklahoma law also allows reasonable spousal support or alimony. Resources. For a complete list of the grounds and effects of an annulment proceeding in Oklahoma, see 43 Okl.St.Ann. § 103 et seq. See Stone v. Stone, 193 Okla. 458, 145 P.2d 212 (1944).

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Prenuptial Agreements in Ohio DivorceNet

(8 days ago) Prenuptial agreements are controlled by Ohio state law. Certain basic contract elements are required in every prenuptial agreement. Specifically, an agreement must be in writing and signed by both future spouses. Moreover, the couple must actually reach an agreement before they marry, although the agreement may be put in writing after the

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Do Grandparents Have Visitation Rights in Missouri

(9 days ago) In Missouri, grandparents have a legal right to ask for reasonable visitation so long as it is not excessive or overly intrusive on the family. This right only applies to biological grandparents and may be exercised if: the child's parents are married and file for divorce or legal separation. the surviving parent denies reasonable visitation

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Do Grandparents Have Visitation Rights in Oregon

(7 days ago) Oregon law presumes that a child's parents will act in the child's best interests. A grandparent seeking visitation must prove to the court that the grandchild's emotional and physical needs aren't being met by the parents and grandparent visitation would help meet those needs.

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Louisiana Child Custody Laws: Joint vs. Sole Custody

(8 days ago) Louisiana law states that a child has a right to time with both parents, so if the court awards one parent primary physical custody, the judge will order visitation for …

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Modification of Child Support Orders in New Jersey

(8 days ago) For purposes of child support law in New Jersey, the "obligor" is the parent who has to pay child support, or the paying parent, and the "obligee" is the parent that receives child support, or the receiving parent. The obligee is typically the custodial parent or the parent with more custodial time.

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The Basics of Annulment in Connecticut DivorceNet

(5 days ago) Connecticut law provides that the "issue" (children) of an annulled marriage are legitimate and must be legally treated as though they were the product of married or divorced parents. Therefore, when the complaint for annulment is filed, the superior court will also make decisions about child support , custody , and visitation—just as it

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Do Grandparents Have Visitation Rights in New Jersey

(1 days ago) Home Family Law and Divorce Divorce and Children Child Custody Child Visitation. Do Grandparents Have Visitation Rights in New Jersey? Learn about grandparents’ rights to court-ordered visitation with their grandchildren after life-altering changes in the family structure. By Zoe Garvin.

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Remarriage and Alimony in Utah DivorceNet

(9 days ago) Utah law allows courts to modify or end alimony when either spouse has experienced a substantial change in the circumstances since the divorce. Utah courts usually won't consider the remarriage of the paying spouse to be a "substantial change in circumstances" for the purposes of modifying alimony. However, if the recipient spouse has a

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The Essential Guide to Divorce Mediation in California

(3 days ago) Under California law, a judge must order couples to mediate child custody issues if they have minor children but haven't been able to agree on a parenting plan by the time they've filed for divorce. The same requirement applies when: a parent requests any court order related to child custody in California, and

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The Basics of Annulment in Nebraska DivorceNet

(2 days ago) Home Family Law and Divorce Getting Divorced Alternatives to Divorce Annulment. The Basics of Annulment in Nebraska. Learn about the grounds for an annulment and how to get one in Nebraska. By Beth A. T. Krause. What is an Annulment? Like a divorce, an annulment is a court procedure that dissolves, or ends, a marriage.

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Child Custody and Visitation in Oklahoma DivorceNet

(3 days ago) Oklahoma law and local court rules require parents involved in a custody proceeding to attend a parenting education seminar. The seminar will discuss, among other things, the impact of separate parenting and co-parenting on children, visitation and conflict management, stages of child development, and financial responsibility for children.

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Divorce Mediation vs Litigation: Which Is Right for You

(3 days ago) The price of a typical private divorce mediation is typically between $3,000 and $8,000. In a litigated divorce, if you decide to hire a lawyer, you'll be paying attorneys' fees—not only for court appearances but also for the work your attorney does outside the courtroom. The longer the divorce drags on, the more work (and fees) you'll

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The Basics of Annulment in Wisconsin DivorceNet

(7 days ago) To read the full text of Wisconsin law on annulment, see the Wisconsin Statutes, Chapter 767, Subchapter IV. Here is a map and links to contact information for the Wisconsin circuit courts. Talk to …

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Do Grandparents Have Visitation Rights in Indiana

(8 days ago) Specifically, Indiana law presumes that a parent will act in a child's best interests and a judge must give special weight to a parent's wishes. In another Indiana case, a grandmother who previously had custody of the grandchild was denied visitation. The court based its decision on the child's father's wishes to limit visits and the child's

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The Basics of Annulment in Nevada DivorceNet

(Just Now) Home Family Law and Divorce Getting Divorced Alternatives to Divorce Annulment. The Basics of Annulment in Nevada. Learn about the grounds for an annulment and how to get one in Nevada. What is an Annulment? Like a divorce, an annulment is a court procedure that dissolves, or ends, a marriage.

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Illinois Visitation FAQs Non-Custodial Parental Rights

(9 days ago) As a result, Illinois law provides that a court may restrict a noncustodial parent's visitation rights only if the court finds, after a hearing, that visitation would seriously endanger the child's physical, mental, moral, or emotional health. A custodial parent can't unilaterally restrict the …

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Remarriage and Alimony in North Carolina DivorceNet

(9 days ago) Under North Carolina law, the two adults don't have to be having sexual relations to be cohabiting. On the other hand, if a dependent spouse is having sexual relations with another person, and they occasionally spend nights together or take trips together, but maintain their own residences, that will not qualify as cohabitation.

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Adultery in Arkansas: Does Cheating Affect Alimony

(7 days ago) The law does specifically reference one type of spousal support known as "rehabilitative" alimony. (Ark. Code Ann. § 9-12-312 (b) (1).) This applies to situations where one of the spouses needs time and/or training to get into the workforce, with an eye toward becoming self-sufficient.

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The Basics of Annulment in Virginia DivorceNet

(6 days ago) Each of the following is a legal ground for annulment in Virginia: Bigamy – a spouse already has a husband or wife at the time of marriage. Incest – the spouses are related, closer than first cousins. Incompetent – one spouse wasn’t mentally able to understand the marriage.

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Understanding and Calculating Alimony in New Hampshire

(2 days ago) New Hampshire law defines alimony as one or more payments made to, or for the benefit of, a spouse or former spouse. In plain English, alimony is a monetary payment that one spouse gives the other during a divorce and/or for a period after. This can be arranged by an agreement between the spouses and/or a …

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Adultery in South Dakota: Does Cheating Affect Alimony

(5 days ago) South Dakota law also doesn't consider adultery directly when deciding child custody or visitation. The judge's primary concern when deciding custody is that the arrangement be in the child's best interest. That means the judge might consider adultery if needed to protect the child. For example, if a spouse shirked child-rearing duties while

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Prenuptial Agreements in Wyoming DivorceNet

(1 days ago) Wyoming law does not permit child custody and support to be included in a prenuptial agreement. In fact, prenuptial agreements that include provisions for child custody and support might be declared void (unenforceable) by a family law judge. This is because the family courts are bound to apply the statutory guidelines to calculate child

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Hawaii Child Custody Laws Custody in Hawaii DivorceNet

(7 days ago) The law assumes that a child would not be safe in that parent's care. However, a parent can overcome that presumption by showing adequate safety measures are …

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