Community Property:

Property and profits received by a husband and wife during the marriage, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is separate property. Community property is a concept which began in Spain to protect rich women from losing everything to profligate husbands, and is only officially recognized in some states which were once under or influenced by Spanish or Mexican control, including California, Arizona, New Mexico, Texas, Nevada, Idaho, Washington and Louisiana. Community property recognizes the equal contribution of both parties to the marriage even though one or the other may earn more income through employment. By agreement or action the married couple can turn (transmute) separate property into community property, including by commingling community and separate funds in one account. Community property is recognized based on fact or agreement of the parties, rather than holding of title. The state courts have wavered on what constitutes proof of community property, including the issue of whether joint tenancy is evidence of community property or not. Upon divorce community property is divided equally without regard to fault. Upon the death of one spouse all the community property goes to the other except in Texas surviving children get one half and in obvious sexual discrimination Nevada and New Mexico allow the husband to will a half to someone other than his wife.

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Divorce:

A petition for divorce (or "dissolution") must be filed and decided in court. However, all states have "no-fault divorce" laws that allow couples to split on the basis of irreconcilable differences without going to trial and without the requirement of establishing fault. In fact, 15 states offer only no-fault divorces, which means that a no-fault divorce is the only option even when there has been substantial wrongdoing.

There are a few legal requirements that must be met to file for a divorce:

Residency:

The spouse filing for the divorce must have resided in the state for certain time (usually at least 6 months prior to filing the action, and at least 3 months in the county where the petition will be filed).

Waiting Period:

There is a waiting period that marks the date the divorce becomes final and the parties are free to remarry. This waiting period is anywhere from as little as six weeks up to 12 months, depending on your state's laws. The average is about 6 months plus one day from the date the papers are filed in court.

Legal Reasons:

All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. These reasons given are referred to as the grounds for divorce.

Jurisdictional Requirement:

A petition for divorce must be filed in the proper court. The correct court will usually be located in the county where either the wife or husband has resided for at least 3 months prior to filing for divorce, although some states, such as Washington, allow the divorce to be filed in a different county. As this will vary state to state check your state for its requirements.