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 content
1. What is Personal Law in USA?
2. Divorce law in USA.
3. 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 – Personal law Overview :
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.
Inheritance Laws in USA – Personal law Overview :
Inheritance laws in USA vary from state to state. Family members and loved ones receive the distribution of a deceased person’s property according to this law. Though this law vary from state to state, but all of them share some common points. Here’s a a basic overview:
- Rights of Spouses and Children
- Dying with a Will (Testate Succession)
- Dying Without a Will (Intestate Succession)
- Community Property vs. Common Law Property States
Rights of Spouses and Children :
In Inheritance law, Spouses and children generally have strong inheritance rights. In a “community property” or “common-law” state, the deceased spouse’s will determines what the surviving spouse inherits from the estate.
In most state a surviving spouse has a right to a portion of the estate, which can override the terms of a will if it gives them less. Children also generally have inheritance rights, though the specifics vary by state.
Under state intestate succession laws an adult child generally has no legally protected right to inherit a deceased parent’s property. but some states offer protection to minor children.
Dying with a Will (Testate Succession) :
The probate court validated the Wills to ensure the distribution aligns with the deceased’s wishes. The deceased spouse’s property will divide according to the terms of the will. The creator of the will specifies the beneficiaries and outlines how the property should be divided among the heirs.
Dying Without a Will (Intestate Succession) :
The state intestacy laws govern the distribution of a person’s assets when he or she dies without a will. Normally the estate goes to close family members like a spouse, children, or parents. If no close family exists, it may go to distant relatives. If no relative is found the property may escheat to the state.
Community Property vs. Common Law Property States:
Community Property state
The community property states are : Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
During the marriage, both spouses jointly own the assets obtained by either of them in a community property state. That means Each of them owns a 50% interest in the property.
Marital assets include income received by either party bank accounts established during the marriage, proceeds from life insurance policies, and property purchased during the marriage using employment income.
Spouses have a right to dispose of their share of community property in whatever way they desire. For example a deceased spouse can leave half of the family home to a different beneficiary rather than a serviving spouse.
Common Law Property state
Common law property states do not have this presumption, so the spouse’s inheritance depends on the will or intestate succession rules.
If only one spouse’s name appears on the deed to a home, that spouse owns it, even if the other spouse paid for it. Most common-law states have inheritance laws that allow surviving spouses to claim one-third to one-half of the decedent’s property, preventing them from being completely disinherited.