Board Certified, Estate Planning and Probate Law - Texas Board of Legal Specialization
Av Preeminent rated, Martindale Hubbell
In U.S., the divorce could be a full blown adversarial procedure as oppose to administrative procedure. A key difference between U.S. and Japan is that in the U.S. each party, as a spouse or/and parent assert his/her rights more vigorously. Technically, yes, one can represent himself or herself for his/her own legal matter. However, as discussed below, the divorce process is very technical, thus it is important to be adequately represented.
A divorce shall not be granted until at least sixty days have elapsed since the day the suit was filed.
A recently divorced person cannot marry a third party within thirty days after the divorce decree is issued (unless the court waives this prohibition upon a showing of good cause) However, the divorced parties may remarry each other at any time.
Child support will be paid according to the statutory guidelines
unless parties agree on some other amount.
Any agreement on child support subject to court's approval.
Guidelines apply if obligor's net resources are $6,000 per month or less.
Example for two children: $1,500 per month under guidelines.
If the obligor's (person paying the support) net resources exceed $6,000 per month, the court may order additional support depending on the income of the parties and the proven needs of the child, "but in no event may the obligor be required to pay child support in excess of 100% of the proven needs of the child."
Each spouse is entitled to his Separate property, but the community property is divided by the court's just and right division between the spouses.
Trial court may divide community estate as it deems "just and right." Unequal division of community property can be made in cases where the trial judge deems this appropriate. (rare instance, usually 50-50 split)
Spouses may make an agreement which affects the division of marital property.
For additional information, see article on characterization of marital property.