Divorce a court order that legally ends a valid marriage
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Divorce : A court order that legally ends a valid marriage. First, we will look at some statistics…. What is the average age of marriage for men? 28 Facts from the Pew Research Center. What is the average age of marriage for women? 26. More Statistics….

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Divorce a court order that legally ends a valid marriage

Divorce: A court order that legally ends a valid marriage.


First we will look at some statistics
First, we will look at some statistics…

  • What is the average age of marriage for men?

  • 28

  • Facts from the Pew Research Center.

  • What is the average age of marriage for women?

  • 26


More statistics
More Statistics…

  • Which state has the lowest average marriage age?

  • Idaho (Men 25)

  • Oklahoma, Arkansas, Utah, Idaho (Women 24)

  • Which state has the highest average marriage age?

  • Rhode Island, New York, New Jersey & Massachusetts (also D.C.) ( Men 30)

  • Rhode Island, New York, Massachusetts, Connecticut (Women 28)


More statistics1
More statistics…

  • How long is the average length of a marriage?

  • 18 years

  • What percentage of Americans are divorced?

  • 9% of men and 12% of women


More statistics2
More statistics…

  • Which state has the highest percentage of married couples?

  • Idaho (57%)

  • Which state has the lowest percentage of married couples?

  • Alaska (47%)


Last statistics
Last statistics..

  • What characteristics tend to result in a longer marriage:

    • Older marriage age

    • Higher Education

    • Stable Income

    • Similar belief system

    • Less children

  • (From Center for Disease Control)


Separation
Separation

  • Considered a “Cooling-Off” period for couples. Legally, they are still married.

  • Separation Agreement: Written agreement that explains the couple’s understanding on alimony, child custody, etc.

    • Does not have to be approved by the court.

    • Can be written or oral

    • May be used during divorce


Separation1
Separation

  • Couples must be separated for one year if they would like to apply for divorce.

  • Either person may file for a divorce.


If a divorce is going to happen
If a Divorce is going to happen…

  • Contested: The couple cannot come to agreements on issues such as property, child care etc.

  • Uncontested: (Rare!) Couples peacefully decide to live separate lives

    • These couples may prefer a “pro se” divorce instead of hiring attorneys.


Cost of divorce
Cost of Divorce

  • Average cost of divorce tried in court is between $8,000 and $132,000.

  • Average cost of mediation $3,000.

  • Depends on court costs, lawyer fees, time, etc.

  • Divorce Attorney Commercial


Grounds for divorce separation
Grounds for Divorce/Separation

  • Desertion

  • “Turn out Doors”

  • Mental or Physical Cruelty

  • Drug or Alcohol Abuse

  • Adultery

  • Insanity

  • Irreconcilable Differences: the marriage cannot be reclaimed

    • “No Fault Divorce” A spouse does not have to prove that the other spouse did something wrong


Divorce in north carolina
Divorce in North Carolina

  • Only granted after:

    • One year separation period

    • OR-Declaration of Insanity and the couple has been living apart for 3 years


Tender years doctrine
Tender Years Doctrine

  • Law presumed that young children were better off with their mothers.

  • Now, judges must treat men and women equally in custody battles.

  • Courts look for the “best interest of the child.”

    • Youth actions, economic stability and religion


Alimony
Alimony

  • Money paid to support the ex-wife or ex-husband.

    • “Rehabilitative alimony” will help

  • Property is divided as well.

    • How would this differ in community/separate property states?


Money issues
Money Issues

  • Average salary of single female households: $36, 278

  • Average salary of single male households:

    $47, 127

  • 62% of women do not receive full child support


Covenant marriages
Covenant Marriages

  • A couple signs a statement when obtaining a marriage license that will eliminate the possibility of a “no fault” divorce.

  • Available in Louisiana, Arkansas & Arizona.

A Covenant Marriage

We solemnly declare that marriage is a covenant between a

man and a woman who agree to live together as husband and wife

for as long as they both live. We have chosen each other carefully

and have received premarital counseling on the nature, purposes

and responsibilities of marriage. We understand that a

covenant marriage is for life. If we experience marital difficulties,

we commit ourselves to take all reasonable efforts to preserve our

marriage, including marital counseling.

With full knowledge of what this commitment means, we do

declare that our marriage will be bound by Arizona law on

covenant marriages and we promise to love, honor and care for

one another as husband and wife for the rest of our lives.


Divorce in north carolina1
Divorce in North Carolina

  • Alternatives

  • Bob and Carol

  • List 10 issues they should discuss

  • Create chart & Answer Questions


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