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The community property concept originated in civil law jurisdictions but is now also found in some common law jurisdictions. U.S. states with community property laws draw primarily from the marital property laws under the civil law of France and Spain. [10] Division of community property may take place by item by splitting all items or by values.
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One of the most significant factors in how debt is divided during a divorce is whether a couple resides in a common law or community property state. Common law states. In common law states, debt ...
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
Divorce laws vary considerably around the world, [1] but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, [3] child custody, [3] alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.