Divorce Guide

Divorce Guide


Get a Divorce


In United States of America, the divorce law varies according to the state. The person filing for divorce has to follow certain residential requirements and grounds mentioned in the particular state law. Getting a divorce in United States starts with filing the petition and ends when the judge signs the final decree.

Grounds for Divorce can be of two types: Fault and No Fault Divorce

If the divorce is filed on no fault basis, the court grants it by stating lack of understanding among the parties.

No fault ground can be: adultery, mental or physical cruelty, imprisonment, mental health issue, transmission of sexual disease or impotency.

The issues in divorce process mostly deals with family law matters. These issues can be alimony, child custody, child support, property division and debt payment. When issues of children are involved, the court makes it a priority for solving them.

Alimony

It includes factors related to financial division. It depends on issues like standard of living, earning income and their sources.

Child Custody

The court deals with the issue of child custody with the view of child’s benefit and comfort. It includes factors like parenting issues, education and visitation.

Child Support

When the process of divorce begins, the court makes sure that financial security is given to the child. Factors like family income, earning capacity of both the parties and standard of living are considered.

Property Division and Debt Payment

The court makes sure that division of assets and other property is equally made. It includes all marital and non marital assets. If issues of debt are involved, it has to be solved by the spouses before going to court.

You can get a divorce on your own or with the help of a lawyer. If one has decided to file for divorce on one’s own, many online websites are available that provide a free kit of information on how to file the divorce. Along with the kit, divorce papers and forms of particular state where you wish to file are also provided.

Procedure for Getting a Divorce

  • A lawyer can provide advice and assistance with the legal matters. It is advisable to hire a lawyer to make the divorce case simpler.
  • Make sure before filing for divorce that all necessary requirements are fulfilled. It includes residential requirements also.
  • Once the requirements are met, file the petition. It is a very important document to begin with the divorce process. Pay the necessary fees for filing the petition/request the court county’s clerk for mentioning the exact amount of fees.
  • Certain necessary documents like proof of ground on which you are filing for divorce, marriage certificate, address proof, and information of children ( if any), etc. have to be produced in court.
  • Attach these documents with the petition and file it with the court. Serve the copy of petition to your spouse. Your spouse should respond within the period mentioned by the state law.
  • Once the response is received, visit the court for hearing. If the divorce is uncontested, you need not be present in the court. The judge will grant the divorce once he/she is satisfied with all the documents and grounds on which divorce is filed.
  • The judge signs the divorce decree which means divorce is granted.

Getting a divorce is simple as far as it is uncontested. Divorce procedures can be lengthy if issues are not mutually agreed by both the spouses.


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