Crazy Divorce Laws You Won’t Believe

There is nothing like a divorce to leave you feeling unhinged, but when you factor in some of the crazy divorce laws out there, you might be more inclined to cut yourself some slack in the matter. The law is what it is at the time your divorce processes and in the state that you file and better understanding what you’re dealing with is the best path forward. If you are facing a divorce, consulting with an experienced Yakima divorce attorney early in the process is the sanest move you can make.

Alienation of Affection

In a few states that include New Mexico and Mississippi, there are divorce laws on the books related to what is called the alienation of affection, which means that a spouse can hold a third-party responsible for the demise of his or her marriage. In other words, if your spouse cheats on you, you can go after his or her paramour for damages – just to make the complicated matter of divorce that much more dramatic.

In Wichita, Kansas

In Wichita, Kansas, it does not matter how mean you are to your mother-in-law – your spouse can’t use your mistreatment of her as grounds for divorce. But don’t be mean to your mother-in-law. 

In the State of Alabama

In the State of Alabama, the circuit court in the county in which a divorced wife lives can deny her the right to use the name – or initials – of her divorced husband (upon application of any interested party). And that is a bit much.

In the State of Delaware

The State of Delaware chooses to get all up in a divorcing couple’s business. Consider the following overly personal requirements:

• To obtain a divorce in Delaware, the couple must have been living separate and apart for six or more months immediately preceding the ruling upon the petition for a decree of divorce.
• During this time, the couple is allowed to engage in efforts to save the marriage – efforts that include living together and having sex – but only if the couple has not occupied the same bedroom or had sexual relationships with each other within the 30-day period immediately preceding the day the court hears the petition for divorce.

The saying that fools rush in where angels fear to tread seems to have been coined for the State of Delaware.

Additionally, Delaware takes a dim view of marrying on a dare, which means that if you did happen to base your marriage on someone daring you to get hitched, it can serve as grounds for annulment. There are better and worse reasons for getting married, but doing so as a result of a dare is not only ill-advised but also seems pretty remote.

In the State of Kentucky

Kentucky takes umbrage when a couple wants to remarry more than three times. It manages to tolerate a first, second, and even third remarriage, but it pulls the plug on that fourth one. Think carefully before that fourth divorce (from the same person).

The majority of divorce courts in Kentucky require some type of Divorce Education course for divorcing couples who share children. The idea is to help parents build stronger co-parenting relationships, which is intended to help parents help their kids throughout the divorce process and to reduce the number of disputes that require the court’s intervention while the divorce is pending (and beyond). It is difficult not to interpret this governmental intervention as a bridge too far. 

In the State of Tennessee

Most states that allow fault-based divorce focus on grounds such as irreconcilable differences, adultery, cruelty, desertion, and the like. These grounds are all well and good, but the State of Tennessee has more expansive ideas and also slips in that if your spouse attempts to kill you by poison or any other means showing malice, it amounts to grounds for divorce. How your spouse could attempt to kill you without malice is a tough one.

In the State of Texas

Texas is a state that takes pride in its singularity, and it has the wacky divorce laws on the books to prove it. Consider the following:

• Until the U.S. Supreme Court ruling of Obergefell v. Hodges in June of 2015 made gay marriage legal across the nation, Texas not only banned gay marriage but also barred gay couples who’d legally married in other jurisdictions from obtaining Texas divorces. Pretty churlish, no matter how you parse it.
• Texas doubles down on the matter of alimony and only officially awards the spousal maintenance if the couple has been married at least ten years, the recipient was the victim of family violence, the recipient cares for a disabled child of the couple or is disabled himself or herself, or the recipient lacks the skills necessary to support himself or herself.
• In Texas, most state courts will not allow a couple’s divorce to be finalized if one of them is pregnant. Judges typically require the couple to wait until the child is born – so issues related to child custody arrangements and child support can be addressed during the divorce process. While there is a mandatory 60-day cooling-off period before a divorce can be finalized in Texas, a pregnancy can extend this waiting period considerably.

In the State of Washington

The State of Washington manages to stay off the list of states with the wackiest divorce laws, but if you’re facing a Washington divorce, it’s time to take the matter seriously and carefully attend to the business of divorce. No two divorces are ever mirror images of one another – no matter which state you divorce in. Your divorce is not going to look exactly like anyone else’s, but the basic terms of divorce remain static, including:

• The division of your marital property
• Child custody and parenting time
• Child support
• Alimony

Let’s take a closer look at each.

The Division of Your Marital Property

The assets that you and your spouse take on while you are married are deemed marital property, and this is true regardless of whose name is attached and/or who makes the purchase. If you acquired the asset while you were married, it very likely belongs to both of you, and it – or its value – will need to be divided between you equitably (or fairly) in the event of divorce. Exceptions to this rule include gifts or inheritances that either of you receives in your own name only. An important note to make here is that what you consider a fair division of property may look very different than what your divorcing spouse considers a fair division of marital property, and this division of assets has the potential to become one of the most contentious elements of your divorce.

Those assets that either of you brings into the marriage with you and keeps strictly separate over the course of your marriage will remain your separate property upon divorce. It must be noted, however, that separate assets have a way of becoming entangled with marital assets, which can draw the separate nature of specific assets into serious doubt.

Child Custody and Parenting Time

The divorce term that is most likely to give the division of your marital property a run for its money in terms of contentiousness is child custody and parenting time. Child custody refers to both legal custody and physical custody, which is called parenting time in the State of Washington.

Legal Custody

Legal custody addresses the matter of who will take on the responsibility of making important decisions regarding your children. The kinds of decisions involved include:

• Where your children go to school
• The health care your children receive
• The kind of religious education your children receive
• The extracurriculars your children participate in

You and your children’s other parent can make these decisions together, or one of you can take on the responsibility of breaking a tie if you are unable to reach an agreement on the matter at hand. Similarly, you can divide the decision-making responsibility according to the kind of decision being made, or one of you can adopt sole responsibility.

Parenting Time

Parenting time refers to how you and your children’s other parent will split your time with your kids. If you are able to reach a consensus on the matter between yourselves – with the guidance of your respective divorce attorneys – you can arrange the kind of unique schedule that works for your unique family. If, however, you need the court’s intervention on the matter, you’ll likely receive one of its standard parenting time schedules. When it comes to parenting time, there are two basic approaches you can take, including:

• One of you can become the primary custodial parent who will have the children the majority of the time while the other parent has a visitation schedule.
• You and your children’s other parent can divide your parenting time more evenly.

Child Support

The State of Washington has child support calculation guidelines that determine who pays child support and how much they pay. Both parents are required to support their children financially post-divorce, and child support is intended to help ensure that this responsibility is divided between the two of you in relation to how much of the time each of you is responsible for your children and how much each of you earns. However, even if you divide your time between your shared children right down the middle, the parent with the higher income is likely to pay child support. Child support in Washington is required until the child in question turns 18 or graduates from high school – whichever comes later (as long as the child graduates before turning 19).

Alimony

Alimony is intended to help a spouse who experiences considerable financial setbacks as a result of divorce gain greater financial independence, and in the State of Washington, it is addressed on a case-by-case basis. If one spouse has a financial need and the other spouse has the means to help, the court will take the matter into careful consideration. Washington’s non-formulaic approach makes alimony in the state far less predictable than it is in many others. The key factors that go into the determination of alimony in Washington include:

• The number of years your marriage lasted
• The standard of living you achieved during your marriage
• The age of the spouse requesting alimony
• If one of you supported the other financially during the course of your marriage (such as while the other pursued the education necessary to achieve a lucrative career)
• If the spouse requesting alimony has a physical or mental disability

Often, alimony is awarded in an amount and for a duration that is intended to help the recipient gain the education, experience, or job training that is necessary to become more financially independent.   

Seek the Legal Guidance You Need from an Experienced Yakima Divorce Attorney

Divorce is tumultuous enough without having to navigate especially nutty laws. If you are facing a divorce, the seasoned divorce attorneys at Dobbs & Young in Yakima, Washington have the legal experience, keen insight, and focus you are looking for. Because your parental and financial rights hang in the balance, our formidable legal team is standing by to skillfully advocate for divorce terms that work for you and your children. We are on your side, so please don’t wait to contact or call us at 509-577-9177 today for more information about how we can help you.