• Divorce laws are similar across the United States.c..."ur bris?? image by Ellsing from Fotolia.com
  
  If you are considering ending your marriage, a variety of questions likely come to mind. Part of the preparation for dissolving a marriage case is understanding some of basic legal questions associated with divorce.
  
  Though divorce statutes vary from one state to another, these types of laws and related court proceedings generally are the same no matter where you reside.
  
  

What Are the Types of Divorces?

• Depending on where you reside, you can pursue one of two types of divorces permitted in different jurisdictions. Some jurisdictions offer only one type of divorce; other locations permit both types.
  
  No-fault divorce is the type most commonly pursued. The laws of no-fault divorce do not require you to allege that your spouse is guilty of marital wrongdoing. You must show only that you and your spouse face irreconcilable differences, with no reasonable prospect of resolving these issues.
  
  Fault divorce requires that you allege and prove that your spouse is guilty of marital misconduct, such as adultery.
  
  

How Is Property Distributed?

• States use one of two standards to divide the assets and debts that spouses accumulate during a marriage. In a community property state, the law requires that the assets be divided equally between the spouses. California is one example of a community property state.
  
  Most jurisdictions--more than 40 states--use the equitable division standard to divide property from the marriage. In these states, the division of property is to be fair, though not necessarily equal. The division of property is based on the facts and circumstances of each case.
  
  

How Is Child Custody Decided?

• All states use the same standard in considering child custody arrangements in divorce cases. A court must examine what is in the best interests of the children when determining a custody plan.
  
  Factors that come into play in determining the best interests of children include which parent has provided most of the primary care for the child as well as the overall health of all parties.
  
  

Do I Need a Lawyer?

• Divorce law and procedure are complicated legal matters. Your interests likely are best served if you retain an attorney. The American Bar Association (see Resources) offers listings that can help you find and hire an experienced divorce lawyer.