State Divorce Requirements

in Divorce

Divorce in United State is termed as dissolution of marriage and is a province of the state government and not federal government. There are various issues in a divorce like child support, alimony amount, division of marital property and marital debt, etc.

  • Residency requirements for a divorce

To file divorce in any state, it is required that either of the spouse filing for the divorce, must be the resident of the state and country for a certain period of time. 6 months of residential requirements is common for most states while three months residential requirements are compulsory at the country level.

  • Waiting period

In most states a waiting period of some months is observed from filing the divorce to finalizing the decision. The average waiting period in  most states is 6 months but this time period can also vary from 0 to 12 months. After the waiting period is over, the divorce is finalized and both the parties are free to re marry.

  • No fault divorce requirement

Many states in America have legalized the no fault divorce statues which requires no marital misconduct to end the divorce. In such an event, both the spouses can get divorced on mutual consent and hire a lawyer just to deal with other issues of divorce like custody and alimony amount.

Other states in America look for the standard grounds based on which divorce can be filed, these include

  • The relation between the spouses is no longer viable
  • Irreconcilable differences differences exist between the spouses that had led to an irremediable breakdown of the marital relationship
  • The conflict of personalities had destroyed the marital relation beyond repair.
  • A marital misconduct like adultery had been conducted by either of the spouse
  • To prove these one must hire an experienced divorce lawyer who will help the client in collecting all the vital evidence 

These were some basic rules that states in America follow to file a divorce case. However the divorce laws of each state differ to some extent and to know the details of the law in your state, you must consult a good divorce attorney. Although some people plan to get divorced by themselves but it is suggested that they must take the guidance of divorce lawyers so that they can give proper guidance which will be beneficial for the future of the client. Also if the spouses have kids then they must hire a family lawyer to get fair justice in terms of child custody. 

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Aaron Diashon has 4 articles online

I am Aaron Dishon providing information about Divorce Lawyers. I am giving some top most divorce lawyers list Divorce Lawyers & how to identify good divorce lawyer etc.

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State Divorce Requirements

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This article was published on 2012/01/15
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