Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support

Divorce Tools

Online Divorce Online Negotiation Custody Tracker Custody Evaluation QDRO Preparation Divorce Calendar SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Sign In

The Divorce Encyclopedia
Emancipation


Term Definition Emancipation - the point at which a minor comes of age.
Application in Divorce The age is typically 18 or 21.

This term has different definitions in different jurisdictions.

In the 1970s and 1980s, some states rewrote their emancipation statutes to provide that a parent is released from a support obligation when a child is 18 or 19 or when he or she graduates from high school.

In some cases, a minor -- that is, a person below the age of majority-- achieved emancipation by enlistment in the armed services, pregnancy or giving birth, marriage. What is termed "self emancipation" happens when "’a child who is physically and mentally able to take care of himself voluntarily abandons the parental roof and leaves its protection and influences and goes out to fight the battle of life on his own account,’" as one writer put it.

The mere act of dropping out of high school does not constitute emancipation. In some jurisdictions, however, a young person who becomes employed may be considered emancipated even if he or she lives at home.

In divorce, emancipation does not necessarily mean majority, which is 18. Some jurisdictions consider emancipation to be 18 to 23 to allow for support through college.

Care should be taken in marital separation agreements to define emancipation in a way that considers college for children still at home at the time of the divorce.

See College Education.

Add the Divorce Encyclopedia to Your Website!


The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.


The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.


Social

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for Divorce

 

Settle Your Divorce Negotiate Your Divorce

 

Track Child Custody Track Custody & Visitation

Free Divorce Worksheet and Separation Agreement

Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"