Divorce is a legal term that means a marriage dissolution or termination—a divorce results in the cancellation of marital duties, responsibilities, and rights of the spouses.
The laws that govern divorce are state laws. Because of this, the laws governing divorce can vary widely by state.
Every state requires that the spouse filing for the divorce is a resident of the state where they are filing. The time requirement that the spouse must be a resident varies by state.
Generally, however, the residency requirement usually ranges from 6 months to 1 year.
Getting a divorce can be a highly emotional experience and a complex process. In the legal context, numerous issues may arise during a divorce.
When spouses are getting divorced, there are some overall guidelines that they should follow during the process, including:
In addition, as noted above, divorce laws vary by location. Because of this, an individual may want to check their local state laws if they have any questions about the laws in their area.
For example, divorce timeframe and residency requirements may differ in different states.
In certain states, there are grounds for divorce that a party is required to cite to file for a divorce. Grounds for divorce are the main reason the spouse is seeking a divorce.
For example, a common ground for a divorce is marital unfaithfulness. It is important to note that many jurisdictions do not require any grounds for a party to file for divorce.
This is called a no-fault divorce. In these types of divorces, the divorce complaint will commonly state that there are irreconcilable differences between the parties.
Yes, some states have a waiting period, or the parties must wait before their divorce can be finalized. For example, in certain states, the parties are required to wait 6 months from the time one of the parties was served with the divorce complaint before a judgment will be issued.
This waiting period is enacted to allow the parties to determine whether or not there will be a reasonable likelihood that they will reconcile.
In the majority of divorce cases, there are at least several different issues that arise during the process. This is true, especially in cases where a couple has been married for a long time, for example, 10 or 20 years.
Common legal issues that arise in divorce cases include, but are not limited to:
A divorce is a major life change that may affect almost every aspect of an individual’s life. If an individual is involved in a divorce, they may find it helpful to have the assistance of a legal professional throughout the divorce process.
Marital property is usually defined as any real or personal property that spouses accumulate together during the marriage. It may also be called shared property or community property.
In states that follow community property rules, marital property is divided equally between the parties when they divorce. Any property that is not shared is called separate property.
Separate property includes property accumulated by one of the spouses before their marriage. When the spouses divorce, their separate property will be kept by the party who originally owned it.
In certain divorce cases, the court may order one of the parties to pay alimony or spousal support to the other party. Alimony payments are regularly made from one ex-spouse to the other once a divorce is finalized.
No-fault divorce laws allow spouses to file for a divorce even when neither party has any major fault with the other. Every state has some form of no-fault divorce law.
However, the details of filing for a no-fault divorce may vary by state.
A divorce decree is a final ruling from a court that provides a judgment and order that makes the termination of the marriage official and legal. Every divorce decree is unique because it is based on the facts and circumstances of the individual cases.
The purpose of a divorce decree is to outline the rights and duties of each ex-spouse in connection with their divorce. A divorce decree also outlines any requirements or instructions related to the division of property and child custody, if applicable.
A divorce decree is very important because the divorce process is not complete until the divorce decree is issued. Due to this issue, the spouses’ status as married or divorced will not change or be finalized until the divorce decree is issued.
Divorce proceedings can affect numerous areas of an individual’s life, including:
A divorce decree typically addresses many different issues, including, but not limited to:
In addition to the issues listed above, a divorce decree typically contains basic information related to the case, including:
This basic information can be used to locate the records of the divorce at a later time. These records are usually kept at the local county records office.
If the divorce record is unavailable at that location, it may be held with a private company or on a website. If an individual has any questions or issues related to finding their divorce record, a lawyer can help them determine their location.
Whether or not an alternative to a divorce is available depends on the case’s jurisdiction. In some situations, other options may be available, such as:
These alternatives may be available under the family law rules in the state in addition to the needs of the individual parties involved. Typically, these alternatives will require a lawyer to help them determine the best alternative for each unique situation.
Typically, getting a divorce requires help from a divorce lawyer. If you are considering a divorce or are already involved in a divorce, your lawyer can help.
Your attorney can explain the process, help ensure that your rights are protected and represent you during hearings and court appearances.
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