Divorce and Custody

By Staff Writer


Divorce and custody laws differ in different states. If you have children, and you are contemplating separation or divorce, it's important to understand these laws before you begin the process. There are many websites on the Internet that will quickly and easily help you find the divorce and custody laws of your home state. Check recommended websites for access to this tremendously helpful information as your first step.

Different Divorce And Custody Laws
For example, different states have different grounds for divorce. In some states, such as Illinois, drug use or alcohol addiction constitute legal grounds. In New York, that is not the case. California outlines only two grounds for divorce; irreconcilable differences, and incurable insanity.

In California, alimony may be awarded to either party, depending on income and financial need. In Alabama, however, eligibility for alimony can be affected by marital fault and misconduct. In some states, if you initiate the separation, you may be charged with abandoning or deserting your marriage, and this may affect your ability to retain child custody in the divorce proceeding.

In some states, the wishes of the child are preeminent when considering custody. In other states, judges may weigh evidence of parents' ability to cooperate, geographic proximity of parents, or financial circumstances, more than the child's choice. These, as well as many other facts governing divorce in your home state, are important things to learn before you initiate a separation and negotiate a separation agreement.