Divorce Laws & Requirements
Divorce Laws & Requirements
Different states and sometimes counties found within those states have a stipulated set of laws about divorce and rules governing the whole process. These laws are unique to that State or county and they have to be satisfied so as to meet requirements for residency, reasons one has to file for a divorce and other factors. It is only when such requirements are met that the divorce file will be viewed as legit. Read through this divorce glossary to get a better understanding of what is unique about divorce laws for different states.
Requirements For Residency:
For a divorce to be deemed as legally legit, one has to meet the residency requirements of their respective state. These requirements are different for different states and sometimes for counties. Ideally, a person filing for a divorce has to be a resident of both the state and county where they are filing the divorce. They should have been a resident for a minimum duration of three months. There can be variations for different states, provinces or counties. Special considerations are in place for people who are serving in the military. In such cases, the requirement is based on the mailing address and not where the person is serving. In some states, one may be required to wait for a specified amount of time after they have done the first filing and this period has to elapse before the divorce is said to be complete.
Basically this just means the reason why you would want to file for a divorce. The grounds are different for every state. Be sure to educate yourself on the requirements for your location before you begin the process of divorce. Most states have two grounds on which one can file for a divorce. They are termed as “Fault” and “No Fault” but the terminology may be different for different states.
The most common ground for filing a divorce and often the one that is considered valid is:
- Irreconcilable differences that have caused the marriage to disintegrate.
That said, there could be other reasons one would want to terminate a marriage but for all such reasons one has to produce evidence to the court for it to grant a divorce. Such reasons are not used often. If you really have to use any of the following reasons as grounds, seek the advice of a divorce attorney or lawyer. Here is the list of the most common grounds for divorce in this regard:
- The age of the petitioner when they married
- Sanity that’s incurable
- A marriage that’s already in existence
If any of the mentioned reasons is the one you will want to choose as a reason for filing for a divorce, you will be required to give sufficient proof to support the allegations you are making. This is the only way to get the court to give a ruling that favors you. In all the above cases, you should consult with an attorney or lawyer who specializes in divorce.
Custody Of The Children:
Usually, no parent will get preferential consideration in the issue of who gets the custody of the child. The custody of the child is determined based on different things. They include joint or individual custody. When all is said and done, the decision is always one that will be in the best interests of the child or children.
Many things have to be considered to determine just what is in the best interest of the child. Often, the court uses these matrices to make such a decision.
- Health, safety and the welfare of the child
- Nature and amount of contact with both parents
- Ability to provide for the child (not limited to financial support)
An appraisal is conducted on the income of both the parents and is used in determining how much money will be needed for the child support. In some cases, credit is given. Child support is taken from the wages of the parents. The state of Colorado have calculated formulas and pre-set conditions about how such an amount will be derived and who will be responsible for paying the same. Read more on the Child Support and Custody page for more information.
Distribution Of Property
The distribution of property can be done in many ways. Often, different states will do their best to divide assets and property as equally as they can between the two parties and have property that one owned before getting into the marriage reverting back to the owner. Sometimes, there are exceptions to this. Circumstances can affect the distribution of such assets and property. A case like gifted monies or inheritances is divided between the two parties without consideration for the original recipient. Some states treat such cases differently however. The general rule guiding property distribution is to do so equally. In some cases though, some states distribute property communally.
Support For The Spouse:
In the matter of support for the spouse, it is determined by parameters that are set by different states. Because of such conditions, support for a spouse is dependent on if the other party is employed, whether they are involved in another relationship, whether the standard of living will change if the spouse was to support themselves and many other reasons.
In some cases, states will consider the grounds for divorce in determining whether a spouse will get support or not. For example, spouses who got pregnant after committing adultery are not eligible for spouse support in some states.
Divorce papers can be presented in the county where the giver of the divorce forms lives or resides or where the recipient of such resides three months before the whole process begins. This depends on the state where one lives and the rules that govern divorce in that state.
Either parties involved in divorce can request for mediation to solve their problems if the divorce process has already begun. In some instances, this is a necessary step before the process can begin. Before commencement of such a process, parties wishing to divorce can inform their mediators before time so that they can go into the whole process uncontested. The mediation process does not cost you much and is a speedy way of handling the whole divorce. It so happens that both parties walk away from a mediation with more than if they had decided to go to a courtroom.
You can check the State Divorce Page below and read more on divorce laws related to specific states..