Many states require that a married couple remain legally separated for a specified period of time before they can obtain a divorce decree from a court. Similar to a divorce, a court must approve a legal separation and issue an order that contains the legal rights and duties of the separating parties. Unlike a divorce, however, the parties will still be considered as married in the eyes of the law.
The parties in a legal separation may also be required to draft a separation agreement. A separation agreement defines the guidelines for child custody, child visitation, alimony, how certain forms of property will be immediately distributed, and various other factors.
It is important to note that the parties should take this task very seriously since if the separation leads to divorce, then the document will most likely be included as part of their divorce settlement.
Therefore, if you are thinking about getting a divorce from your wife, then you should review the prerequisites for divorce filings under the laws in your state. Additionally, it may be in your best interest to hire a local divorce law attorney to further assist you with the divorce process.
Where Should I File for Divorce?
In order to initiate the divorce proceedings, the first step that a party must take is to determine the state in which they can file for divorce. Many states require divorcing spouses to be living in a state for a certain period of time before they will be allowed to file for divorce.
For instance, in New York State, the law requires that the party filing for divorce either to have lived in the state for a continuous period of one year or to prove that the marriage took place in New York State.
Some other examples of state residency requirements that a divorcing couple may need to demonstrate before they can file for divorce in a particular state may include:
- The place where they own property as a married couple;
- The state in which the couple got married;
- The location wherein the parties lived as a married couple during the marriage; and
- The state in which the parties lived as a married couple in the year or two years before initiating the divorce action.
What Are the Steps to File for a Divorce?
As previously mentioned, a person who is filing for divorce will first need to make sure that there are no perquisite conditions in their state, such as entering into a period of legal separation. They should also check that they meet their state’s residency requirements. Assuming both of these steps are satisfied, the individual will need to obtain, fill out, and file the divorce petition and any other supplemental forms with their local court.
Next, the individual will need to serve the divorce petition and summons on their spouse. Their spouse will then have a set amount of time to respond to the divorce petition and summons (usually around 30 days). The remaining steps may be contingent on how a spouse responds to the divorce petition and the rules in a particular jurisdiction. Thus, a person who intends to file for divorce should think about hiring a local divorce lawyer to represent them.
Some items that a person may want to gather as they prepare to undergo the divorce process include a list of property and/or assets, financial statements, and any paperwork pertaining to child custody, child visitation, or child support if they intend to obtain or request such rights in the divorce.
What Is the Best Way to Get a Divorce?
The divorce process can be a stressful event and may even disrupt entire families. Thus, the best way to get a divorce is to determine the method that both parties would feel the most comfortable with experiencing. The parties should attempt to be open and honest with one another about filing for divorce. There are also a few issues that the parties should discuss before they settle on the right divorce process.
Some issues that can help a divorcing couple to determine the best way for them to get a divorce may include the following:
- Finances;
- Property (both real and personal);
- Alimony or spousal support arrangements;
- Child custody and visitation; and/or
- Child support payments.
If the divorcing parties are unable to agree or compromise on how to handle any of the issues in the above list, then it is much less likely that they will be able to use mediation to settle their divorce. On the other hand, if the parties are able to cooperate with one another and have no problems reaching an agreement on any of the above issues, then they may only need to appear in court to obtain the final divorce decree.
How Can I Get the Best Divorce Settlement?
Divorces are typically governed by state law. Thus, the outcome of a divorce settlement will largely depend on the jurisdiction wherein a married couple files for divorce as well as the circumstances surrounding their marriage and divorce case. One of the main differences between state laws when it comes to divorce proceedings is whether the state that is granting the divorce has adopted the guidelines for community property or equitable distribution.
The majority of states follow the guidelines for equitable distribution, as opposed to community property. Both legal terms refer to the way that money, property, and other assets will be divided among the spouses after they are granted a divorce.
In a state that has implemented the equitable distribution standard, a judge may determine how to distribute property by analyzing a number of variables, such as the income of each spouse and the couple’s lifestyle during the marriage.
As for the states that recognize community property standards like California and New Mexico, the rules provide that any property that was acquired during the couple’s marriage is to be divided equally. This also means that the spouses will be equally liable for any debts incurred by either party.
Accordingly, it is strongly recommended that each spouse obtain their own divorce law attorney to represent them during the divorce process. An attorney can ensure that their client obtains the best divorce settlement based on their circumstances and the laws in their jurisdiction.
Do I Need a Divorce Lawyer?
Divorces can be difficult to navigate without the support and legal expertise of a lawyer. There are many procedural requirements that you must comply with in order to complete the divorce process. Even if a divorce matter seems to be straightforward, the spouses still need to appear before a judge to obtain a final divorce decree. As such, if you and your spouse plan to file for divorce, you should consider speaking to a local divorce lawyer as soon as possible.
An experienced divorce lawyer will be able to answer any questions or concerns you may have about the divorce process and can explain your legal rights as a divorced spouse under the relevant laws in your state. Your lawyer will also be able to assist you in filing the necessary legal documents as well as can provide legal representation during any court appearances or at mediation sessions if you choose to finalize your divorce out of court.
Finally, if you are not satisfied with the conditions of your divorce agreement and/or child custody arrangements, then your lawyer may be able to help you negotiate with your spouse and their attorney for more suitable terms.
