Do Divorce Laws Differ by State?

Brien Roche

Do They Impact Personal Injury Awards?

A short answer to both questions is “yes”. Divorce laws differ from one state to another. The divorce laws allow various types of divorce claims. There are fault claims and no fault claims. The fault claims for getting a divorce are adultery, desertion, or cruelty. The no fault claim is that neither party is alleging any fault by the other. In other words they simply want a divorce. In addition as part of many divorce proceedings, the Court also has the authority to divide the property. This apples to property acquired during the marriage. Also the court resolves issues relating to child custody, child support and spousal support. An injury lawyer does not normally get into in divorce issues. However you need to be informed of what are the effect of divorce on a personal injury award.

Do Divorce Laws Differ By State-Personal Injury Settlements and Marital Property

The equitable distribution  of marital property involves complex issues. For instance a personal injury settlement or award may be part of the marital estate. It can be treated as marital property. As a result it may be divided by the court. This may apply in regards to medical expenses and lost wages. To the extent they impacted the marital estate they may be subject to division.

Do Divorce Laws Differ By State- Learn More About Divorce & Personal Injury Settlements

See Brien Roche’s book Law 101 published by Sphinx Publishing for more info on this subject.

Contact a Personal Injury Attorney

Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. Contact Us today to discuss your personal injury matter.

Also for more information about divorce see the pages on Wikipedia.