All what you need to know About the Divorce Process

All what you need to know About the Divorce Process

Residency Requirements for Filing for Divorce

State Laws vary regarding fault divorce and no fault divorce, so you have  to understand where you or your spouse could  file for divorce. Most states have a residency requirement, meaning that at least one of the spouses must have been a resident of that state for a specified length of time in order to file for divorce there. In  US States like this South Dakota, Alaska and Washington,  have no required length of time. To file in one of those states, you just have to be a resident of that state at the time you are filing for divorce.


What is a No Fault Divorce and How it works

A no fault divorce is type of divorce in which the spouse that is filing for divorce doesn't have to prove any fault on the part of the other spouse. All what the spouse has to do is give any reason that the state honors for the divorce. The most frecuently  reason given is:  irreconcilable differences. A spouse cannot object to another's petition for no fault divorce, as that objection itself is viewed by the court as an irreconcilable difference. All US States recognize no fault divorces, but some states require that the spouses live separately for a designate period of time before either of them can file for a divorce.

What is a  Fault Divorce and How it works

Fault divorces are not as common, in the matter of fact, many states no longer even recognize them. In the states that do recognize them, one of the spouses requests that a divorce be granted based on some fault of the other spouse. 

What are the most common grounds for granting a fault divorce

Inflicting emotional or physical pain (cruelty)
Adultery
Prison confinement
Abandonment for a certain length of time
A spouse is physically unable to have sexual intercourse

No state requires the spouses seeking a fault divorce to live apart for a specific period of time, unlike a no fault divorce. Proving fault also often provides the spouse without fault with a larger portion of the marital property or support. These two characteristics make a fault divorce more attractive to some people.


Do Divorce Orders of One State are valid in all the States

Courts of all states like to honor decisions made by courts of other states, because courts want the same respect paid to their decisions. Therefore, going back to the preceding example, if your spouse files in Illinois, this divorce and all of the court orders related to it, apply to you in your Missouri home.

Sometimes the court may not have personal jurisdiction over the nonresident spouse at the time of the divorce proceeding, rendering certain court decisions invalid. Then the Court gets jurisdiction over someone by that person being present in the state when he or she is personally served with the divorce papers, or when he or she consents to the jurisdiction by appearing at the court proceedings, signing off on receiving the legal papers, or fulfilling a court-ordered duty. A lack of personal jurisdiction means that although the divorce decree is valid, other related decisions, such as child custody, support, and property division, may be invalid.

It is always best to consult an attorney if you receive documents from a foreign state, but especially if you receive papers from a foreign country. There are many jurisdictional issues, such as what country is involved, where the spouses live or have lived, and where the children (if any) live. A lawyer will be the best person to help you sort through all of these issues and advise you on what to do.


What is an Uncontested Divorce and How it works 

It's the easiest way to filling for divorce if both members of a couple agree to divorce, filing for an uncontested divorce always save time and money through streamlined court procedures. Though more complicated divorces may fall outside a state’s uncontested divorce parameters, when both sides of the couple are informed and agree to the big issues in most divorces – child custody and support arrangements, property distribution and spousal support – uncontested divorce can save much time and money.

Eligibility for Uncontested Divorce How it works

Uncontested divorces are generally available to couples who have no remaining disagreements regarding the basic divorce issues like property division, child custody or spousal support. Like a contested divorce, an uncontested divorce begins by one side filing for divorce. Uncontested divorces usually have streamlined paperwork, in which property and child custody information is filed, along with a statement of the grounds for divorce.

What are the Benefits of Uncontested Divorce

The best benefit of uncontested divorce is the savings in divorce costs, not just save money but time, so it's worth for.While attorney representation will often be advisable even in an uncontested divorce, the streamlined procedure includes lowered court costs, as well in lowered lawyers fees.

Alexander Racini & Associates

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Categories: Divorce Attorney , Divorce Lawyers in Canada , Divorce Orders in all States , Divorce Process , Family Law , Fault Divorce , Filing for Divorce , No Fault Divorce , Uncontested Divorce , US Lawyer Divorce