Divorce Laws
Family Law

Divorce Laws: Everything You Need To Know About Divorce Laws

| February 9, 2021

Although divorce is a common thing in the USA, divorce laws vary from state to state. Short-term marriages with no children and property involved are simpler than long-term marriages with significant property entanglement, marital debts, and minor children.

What Are Divorce Laws?

What Are Divorce Laws?

Divorce is a process in which the marriages of a couple are terminated by and are allowed to marry other individuals. Divorce is also known as Dissolution Of Marriages. Every state has its divorce laws and processes. The divorce cases might include the followings:

  • Spousal Supports.
  • Child Support.
  • Division of debt.
  • Distribution of property.

While filing for the divorce, the spouses have to show evidence for the dissolution of the marriages. Every state has a “no-fault” divorce where the partners can dissolve their marriages on the ground of irreconcilable differences.

Common Grounds For At-Fault Divorces

Common Grounds For At-Fault Divorces

The legal reason for the dissolution of marriages can vary from state to state. However, there are some grounds in every state’s divorce laws.

  • Adultery.
  • Desertion.
  • Mental incapacity at the time of marriage.
  • Mental illness.
  • Incompetence at the time of marriages.
  • Marriage between close relatives.
  • Criminal convictions.

Again, check your state divorce laws to be sure of the grounds you can file a divorce.

Filling For No-Fault Divorce

Filling For No-Fault Divorce

All states have a section in the divorce laws to accept no-fault divorces. However, you still need some valid reason to legally file a divorce. The common grounds on which you can file a no-fault divorce.

  • Incompatibility.
  • Irreconcilable differences.
  • Irretrievable breakdown.

This simply means that you and your spouse have some big differences that can not be covered up. No one is at fault, but future problems might arise if you both continue with the marriage. Hence, taking a divorce is good for both.,

No-fault divorces are pretty common, and the whole process is quite fast compared to fault divorces.

Deciding Between Filing A Faulty Or No-Fault Divorce

Faulty Or No-Fault Divorce?

Making the right determination to take this action depends on some serious factors. If you are filing for a divorce on faulty grounds, you need to have solid proof to prove your case and claims. In addition to that, if you have budget constraints, you would like to get out of this as soon as possible.

The longer the process, the more will be variables that can influence the case. Hence, it is totally up to you which path you want to walk.

Divorce Process

The process starts with filing a petition. The petition is written by a spouse and then served to the other spouse. The petition is then filed in one of the state courts where the spouse resides. You do not have to worry about the replacement of the marriage. You need to concern yourself to fill up all relevant information about the marriage.

The information will hold the details about the husband, wife, and the children (if any), property, wills, child custody, and child support system.

Serving The Divorce Petition

Serving The Divorce Petition

The petition must be served to the spouse; this process of called Service Of Process. If both the spouses agree to take divorce, then according to the divorce laws, only a signature in the petition will get the job done.

However, if the other spouse refuses to sign the petition, you can hire a professional divorce attorney to deliver the paper to the other spouse. 

Divorce Petition Response

Divorce Petition Response

Once the paper is delivered to the other spouse (Respondents), he/she will get a limited amount of time to respond to the petition. Filing a response to the petition shows that both the spouses mutually want to get a divorce.

However, if the petition did not get a response within 30 days, the case is brought forward in court. 

Final Step Of A Divorce

Final Step Of A Divorce

Once the case is in court, both the spouses are asked to disclose information on their property, assets, liabilities, income, and expenses. If the divorce is is uncontested, then with some divorce laws paperwork, divorce is finalized.

However, the court’s final judgment doesn’t mean that the spouses can marry soon after. There is a waiting time period.

Read Also: 10 Different Types Of Lawyers And Who You Should Choose

Things To Avoid When You Divorce

Things To Avoid When You Divorce

When a marriage ends, everyone in the family experiences a storm of stressful events. Three is more than just breaking the marriage for a better life. The after-effects can linger for the rest of your life. Hence, it is important that you know the following things about the divorce laws.

1. Don’t Get Pregnant

When you are filing for a divorce, having kids can complicate the whole divorce process. Divorce laws state that if a baby is involved in the spouse’s divorce, the decision should take the child’s upbringing and financial support.

2. Don’t Forget To Change Your Will

Amid all the divorce paperwork, people tend to forget about the will they have created together with their spouses. Once the divorce process is put into motion, you should ensure that you make the necessary cashews for the after-divorces will.

3. Don’t Miss Out The Possibility Of Mediation

Mediation is one of the best ways to continue the divorce process. Some spouses are so hung on the legal courtroom process that they forget that the same result can be obtained with mediation.

4. Don’t Increase Your Debts

The last thing you would like to do while fighting a divorce case is to increase your debt. We have seen people taking debt just to fight the case. You need to consider the possibility of losing the case and the financial support you will be needed to give your child or your spouse. If you take debt, then these scenarios will put an extra burden on your account balance.

5. Don’t Refuse To See Therapist

Divorce can bring out all the sad emotions from inside of you. If you find it hard to contain all those emotions, you should visit a therapist. This will help you maintain your sanity.

Conclusion

Divorce might not be a big deal for newly married couples. However, the whole thing changes if the couples have enjoyed several years of married life. If you find yourself in the later statements, this article might help you prepare for the worst in the future.

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Lucia Patterson
Lucia Patterson

Lucia Patterson is the woman behind TheLegalGuides, a blog solely focused on legal guides, tips, and advice. Lucia is passionate about Legal and blog TheLegalGuides in her free time.

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