It is known that in the United States of America there is no single family law to which all states would obey. Each state is a separate unit with its legislative features and requirements. Depending on the land, divorce laws are different. Each state has established a procedure for conducting the divorcement proceedings, as well as the rights and obligations of each spouse. Undoubtedly, there can be found both general provisions and different from each other ones.
In this article, we will review the procedure for the conduct of the divorce process in states such as Florida and Texas, as well as find common and distinctive provisions that are listed in the law on divorcement of each country.
Florida. The Main Provisions and Procedure for Divorcement Process.
The state of Florida has specific requirements for spouses who want to file for divorce in this state.
The list of necessary conditions, as well as questions that the court decides includes:
- Location of the spouses. First of all, this requirement concerns the residence of the spouses. State divorce laws require at least one spouse to reside in the state for at least 60 days to apply.
- Grounds for divorce. State laws are based on the position of separation without guilt. This means that spouses who want to file for divorce do not need to prove the reason for the divorcement. The main reason is the statement indicating that the previous relationship in marriage is broken and do not have a chance to recover. This is enough for the court to accept the case for consideration.
- The procedure for the separation of property. Even though the spouses indicate the reason for the divorce – irreconcilable differences and the impossibility of restoring the relationship, the court does not divide the property into equal parts. According to the laws of Florida, the court has the right to appoint special conditions on which the property will be distributed. The court relies on the income of each spouse, on their behavior, preferences, and the presence of guilt.
- Even though the official reason for the divorce is without sin, the court takes into account the real events that could or led the couple to divorce. Adultery and ill-treatment with a partner may affect the court’s decision.
First of all, the couple is given the opportunity to come to an agreement personally and share joint property according to personal preferences. If the spouses can not reach an agreement, then the court is engaged in this. The judge will appoint an expert as the first step, who will be able to evaluate all the material property of the spouses, except for money. After the property valuation is completed, the judge proceeds to a fair division. However, ‘fair’ does not mean separating a property at equal parts in the state of Florida.
Such factors as: may influence the decision of the judge
- Number of years lived in marriage;
- The material status of the spouses;
- The provision of material assistance to one spouse in the studying of the second spouse;
- Fulfillment of marriage responsibilities (upbringing children, caring for a family home);
- The fact of the premature ending of graduation or career building in favor of family well-being;
- The need for one spouse to live in a joint home in connection with child guardianship;
- A waste of the family budget for a lover.
- Payment of alimony. The state of Florida provides for alimony payments in the event of separation of custody of typical children. The spouse will be required to pay alimony, in the case of such a decision by the court.
The judge decision about awarding payments and its amount affected by the following factors:
- Spouse solvency;
- The required minimum for the child;
- The number of children in the family;
- The relationship of parents with a child;
- The behavior of spouses in court and the relation of spouses among themselves;
- The real reason that caused the divorcement.
The Florida state provides for the payment of alimony not only in the case of separation of custody of children but also in the case of the spousal support is needed.
The court takes into account the following items making a decision:
- Number of years lived in marriage;
- The material status of the spouses;
- The age of each spouse, as well as of physical and mental health;
- The economic situation of each spouse during cohabitation;
- The financial capacity of the spouses after the divorce;
- Education of each spouse;
- Sources of income;
- Contribution to the family budget;
- Commercial maintenance and monetary donation to the upbringing of the child;
The real reason for divorcement (adultery).
Debt repayment. Debt segregation is subject to certain conditions of the Florida state. If the spouses have a debt on loan for a typical house, then there is an opportunity to arrange a home for one spouse. In this case, the entire debt goes to this spouse, precisely as the status of the legal owner of this property.
Texas. Divorcement Conditions, Features
As known, if a person is warned about possible difficulties, then it will be much easier to cope with them. Preparation is an essential part of the passage of the divorcement process. The spouses who are going to divorce has to know the primary information about divorcement and legal ways for receiving of needed things.
Residence. As in Florida, Texas establishes requirements for residing in the state. However, the timing is slightly longer. Before applying to Texas, the spouses or one spouse must live in the country for at least 90 days.
Grounds for divorce. In contradistinction to Florida, Texas law of divorcement provides many properties on which a statement of separation can be filed.
The reasons for which the application may be registered include:
- Prolonged psychological illness. The spouse has the right to rely on this provision if the second spouse is treated in a hospital for at least three years. Or, if there is a medical conclusion that the disease is incurable.
- Imprisonment. If the spouse who committed the crime is imprisoned for at least one year, the second spouse has the right to file for divorce of this basis.
- Domestic physical and psychological abuse. If there is a fact of domestic violence (physical and moral), the injured spouse may file for divorce, stating the situation as the reason. Legal representatives are advised to immediately contact the police, with a statement about domestic violence.
- Irretrievably broken feelings of the spouses. If the spouses have lost interest in each other, then the Texas divorce laws provide for the possibility of filing a petition for divorce, indicating the reason for this reason.
- Treason one spouse. In the case of betrayal, the spouse has the right to file for divorce based on this provision. However, in this case, the spouse must provide at least minimal evidence of the truth of the betrayal.
Negotiations with the participation of an intermediary. The judicial system of Texas obliges the spouses to go through the stage of the talks and the resolution of controversial issues with the mediator. The mediator is a third-party expert who is interested only in that the spouses reach a compromise. The family judges, who are currently retired, and legal representatives who have dealt with family law more than once can act as mediators. The mediator helps the spouses to find arguments so that the controversial question finally gets an answer.
Payment of alimony. The amount and conditions for the payment of maintenance shall be established directly by the court. Texas law provides for the payment of alimony for three years after the divorce, for a spouse who is unable to maintain and take care of his/her wealth. As for maintenance for the child, the spouse is obliged to pay alimony until the child comes of age as in Florida state. The amount of support is calculated according to the interest applicable to the percentage of the divorcement, as well as the income of the spouse.
Guardianship. State law provides for a clause that, under appropriate conditions, joint custody is preferred. This provision is based on the interests of the child because each child needs a full-fledged family and two parents.
Based on the above features and the procedure for conducting divorcement in such states as Texas and Florida, we can see that the differences are not significant. Perhaps the main difference between the two countries is an indication of the reasons for divorcement.
However, even though Florida does not require grounds for divorce, the court, in any case, takes into account the reason for divorcement. Therefore, in the courts of Texas and Florida decision-making are based on one thing, and this is justice. This means that residents of Texas and Florida do not need to worry about the fact that in one of the states their rights will not be taken into account. This is not true.
Perhaps the most important thing that every spouse needs to remember in any of the states is that a divorce is a temporary process that has to be passed through and forgotten. And the only thing that should not be overlooked is the laws of the states, which will help to find what belongs to everyone by right.