Personal law also known as family law or matromonial law. which deals with personal issues such as marriage, divorce, inheritance, and property rights. Its a set of rules that governs personal matters by government.
Table of Contents
- What is Personal Law in USA?
- Divorce law in USA
- Inheritance law in USA
What is Personal Law in USA?
Personal law refers to family or matromonial law. Its a set of rules and regulations set by the government to control family or personal affairs such as Marriage, divorce, child custudy, inheritance and property rights.
In common-law systems, matromonial law is based on the law of the person’s domicile, while in civil-law systems, it is based on the law of the individual’s nationality, also known as lex patriae. The idea of matromonial law is based on as we are social beings and our daily interactions should be governed by the most appropriate and adequate system of law.
Matromonial/family law can vary from country to country. And it may also influenced by cultural and religious traditions. For Example in USA matromonial /family law is generally governed by state law. which vary state to state. In some state legal age of marriage is 18 and in some state it may be younger with parental consent.
In other country, matromonial /family law may based on religious traditions. From Example in india personal law is based on the Hindu Marriage Act. Again on muslim contries matromonial/family law based on Muslim Family Laws Ordinance 1961. Which followed by all the muslim contries.
This law is very crucial, because it ensures that people’s matromonial /family affairs are handled in according to the laws and are most appropriate for them.
Divorce law in USA
Divorce law in the United States varies widely by state. Because marriage and divorce fall under the jurisdiction of state governments, not the federal government. Though each states has its own laws there are some common fundamental principles.
- No-Fault Divorce : All states now recognize no-fault divorces, which are an easier and more common way to end a marriage. In no-fault divorces neither spouse needs to prove wrongdoing, instead they provide a reason that state law recognizes as sufficient to show that the couple cannot get along. Common no-fault grounds include “irreconcilable differences” or the “irretrievable breakdown” of the marriage.
- Fault Based Divorce: Some states also recognize fault based divorces, which may involve specific claims like adultery, cruelty, abandonment, or substance abuse. This is the traditional form of divorce. Most of the time fault-based grounds can affect property division and alimony.
- Divorce from Separation: In this type of divorce spouses remain legally married for personal or other issue’s but want to end their relationship. In this type of situation the court will divide their property while deciding on alimony, child custody, and child support. These are called separate maintenance in a separation. Its likely a divorce but the court does not grant a divorce.
Negotiation and Settlement :
Negotiation and Settlement is the key aspect of the divorce process. This process often determine the outcome without any lengthy court trial.
In this process both party should outline their priorities regarding property division, child custody & support. Also clear & honest communication can help both parties to understand their positions.
Both parties should focus on cooperation rather than confrontation for an amicable solution. Finding middle ground can help to resolve the issue more efficiently.
Once the agreement is reached it should be documented in writing. These may involve a formal settlement agreement regarding property division, alimony, child custody, and support.
Community Property VS Common Law Property States
| Aspect | Community Property | Common Law Property States |
| Assets Ownership | Any assets that obtained during marriage will split 50/50 | Ownership depends on whose name on it. |
| States Follow that follows this law | Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin. | All other states follow common law property rules. |
| Inheritance Rights | Spouses have equal rights to marital property. | Surviving spouse may inherit a share as per intestate laws or the deceased’s will. |
| Control on Property | Each spouse can dispose of their half as they wish. | Property inheritance depends on the deceased’s estate plan. |
FAQ (Frequently Asked Questions)
Q1 : What will happen if someone dies without a will?
A : When Somone dies without a will, normally the estate goes to family members like a spouse, children, or parents. If the state doesn’t found any relatives the property may escheat to the state.
Q2. Do children always inherit a deceased parent’s property?
A: Some states offer protections for minor children but under state intestate succession laws adult children generally do not have a legally protected right to inherit a deceased parent’s property.
Q3. Can a spouse be disinherited?
A: In most states, spouse have every right to inherit a part of the estate. Community property states ensure equal distribution of marital assets earned during marriage while common law states may follow the deceased’s estate plan.