SEXUAL LAWS TODAY: DIVORCE, CHILD CUSTODY, AND CHILD SUPPORT
Divorce laws differ widely from state to state. The person seeking the divorce may give specific reasons, or “grounds,” for wanting the divorce. These grounds traditionally required an assertion that the other spouse was guilty of some important fault and so were called fault grounds. They have included mental abuse, physical abuse, abandonment, and adultery.
In 1970, California became the first state to adopt “no-fault” divorce, which made it unnecessary to specify fault grounds, but accepted “irreconcilable differences” as an additional ground for divorce. Many states now permit divorces even when no one is “at fault.”
Divorces must be granted by a court. Lawyers often help couples work out agreements regarding support, division and distribution of property, and child custody. These are sometimes called separation agreements or property settlement agreements.
Many people believe that divorce has become too easy. They want it to be more difficult for married couples to divorce—especially if they have children. Laws are now being introduced in some states to make divorce more difficult.
Child custody decisions are crucial in a divorce. Many states offer parents joint custody, in which parents can both raise their children ordinarily in separate homes. Custody can also be awarded to only one parent. In all cases, the court is supposed to decide what is in the best interest of the child.
Judges are still more apt to give custody to mothers. Child custody is often refused a divorcing parent who is gay, lesbian, or transgender. Most states will refuse custody to a gay father. More have granted custody to lesbian mothers.
*146/155/5*
