Filing for divorce might be common, but it’s also a complex legal procedure requiring the advice and representation of a family law lawyer experienced with the particular rules and statutes at play in your part of the nation.
Legally called dissolution of marriage in many states, a divorce is the termination of a marriage by a legal proceeding or in a court. Divorces are generally classified as contested or uncontested. In a contested divorce, the parties cannot agree on a minumum of one problem, while in an uncontested divorce, the parties agree to all terms.
A legal separation, which many countries still offer, just terminates the right of cohabitation, but not the legal condition of the marriage itself.
Filing for Divorce
After maintaining an experienced divorce attorney, the spouse seeking divorce prepares a petition for divorce and files it with the court in the nation in which he or she resides. Every state has its own residency requirement for how long a partner must reside within the state prior to being eligible to apply for divorce. See our post on filing divorce papers for links to every country’s forms.
Grounds for Divorce
Each state has its own statutory grounds for divorce. Grounds are usually classified as error or no-fault. Some states offer both as accessible grounds, while other countries have done away with fault divorces completely; New York is the only state that doesn’t not offer you a no-fault divorce option.
Fault A fault divorce demands particular wrongdoing by one of their spouses, followed by evidentiary proceedings to demonstrate the wrongdoing. Each state defines via statute that which grounds can constitute a basis for finding error in that condition. Common grounds include adultery, elongated imprisonment, or cruel treatment or misuse.
No-Fault In a divorce, neither party has to prove another engaged in wrongdoing. A spouse can be awarded a no-fault divorce based only on the marriage being irretrievably broken or the parties with irreconcilable differences.
Since the laws governing divorce vary not only from state to state but from county to county, it’s very important to obtain a divorce attorney with particular experience in your particular jurisdiction.
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