A divorce procedure and divorce, the marriage law1, the marriage law of the divorce proceduresEach state in the United States, must go through divorce proceedings, and not like a Chinese divorce registration formalities to the marriage registration administration organ, but the parties can negotiate with respect to its divorce matters in advance, by professional family lawyer's help, through friendly consultation, financial, spouses and children rearing guardianship divorce involves a series of questions related to reach an agreement, submitted to the judge, approved by the judge, that agreement conform to the laws and regulations and the standard of fair and reasonable, giving formal recognition to and approval, shall have legal effect.If the two sides can't reach an agreement through consultation, one or both of them will also be the family court or the ordinary court ruling in accordance with the law.
Reason 2, the marriage lawFrom the reason of fault and no-fault marriage, now all of America's states apply the principle of no-fault divorce, the marriage can't continue, have to irreparable rupture degree, but whether to list additional fault conditions as marriage The basis of a broken marriage relation, the states have different rules, only part of the state will be emotional discord or beyond can restore fracture as the only reason for divorce, and some state regulations fall at the same time, still need to attach a regulation of fault reason;Here's fault include adultery, abuse, drug addiction, mental illness, sentence, etc.The author because time reason is no longer the concrete discussion
Second, the marriage law of the family law jurisdictionThe root According to the federal rules of mark except under the jurisdiction of family law, the principle of federal court has no jurisdiction over and family law affairs, so divorce law jurisdiction should be various state courts in the United States, because marriage is based on the contract legal relationship, therefore divorce should be at the party that home court, in general, the state law will require one or both spouses shall be filed for divorce court is located, as local, the parties need to live in the state after a limit on a regular basis, litigation may has filed a divorce.States of filed a divorce the length of time limit must be living in the state provisions differ, the common is six months, such as Hawaii;The longest period of one year, such as New York;The shortest no time limit, such as south Dakota.But for ordinary divorce laws of the jurisdiction of the exception, is the divorce of military personnel and their spouses, due to the liquidity of the army, military personnel and their spouses are difficult to meet the requirements of the United States live period Limit requirements
Three, the marriage law of separation systemAbout more than half of American states have rules on the separation system, rules permit don't or separated in a certain time to divorce;Due to the reason of the parties do not need to prove that don't reside or separated, it belongs to the no-fault divorce, American states rules don't reside or separated time length is differ, the shortest half a year, the longest five years.Most states general rules in 1 to 3 years.According to the unified marriage divorce law, the parties don't ju can Sue to court divorced or separated for more than six months.It is worth noting that the only points aren't enough to make bed separation divorce, need at least one spouse have a divorce in subjective intention, and made it clear that this would.
Four, the marriage law rules of the divorce procedures1, Sue divorce, the plaintiff need to pay the costs, but if the plaintiff is very poor, also can apply for exemption from, the only spouse shall have the right to file the divorce, in the process of divorce, divorce court may sentence for a spouse and children can't live independently leading to pay child support and legal fees;Court can also be interim orders, in addition to the normal business or the need of daily life, forbidden to transfer, mortgage, husband and wife any one party conceals common property, harassment, banned party the other party or any children of nuisance.In case of a person or hurt the feelings of danger, the court may order the party temporarily moved out from the family home.About more than half of the state legislation in the United States, in the divorce proceedings, shall be for the parties to mediation or arbitration before a divorce, in the judgment and the time of the court mediation and program made specific provision, but the marriage relationship have minor children, regardless of voluntary mediation, the parties courts shall conduct conciliation for the parties.
2, divorce judgment effect and appealIn some American states legislation, divorce sentence after sentence can take effect as of the date of;Divorce judgment according to some states shall act, after a period during an inactive in the judgment, either party shall not remarry;American civil procedure with other ordinary case is defined for a divorce case or the same time, but for the divorce to the court verdict of the court of jurisdiction objection, once the appeal deadline has passed, divorce judgment will no longer allow filed a lawsuit.
No comments:
Post a Comment