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Home | Family Law | Divorce

Divorce

1.	Introduction to the Divorce Process
2.	Uncontested vs. Contested Divorces
3.	Legal Requirements for Divorce
4.	The Divorce Process
5.	Custody of Minor Children in a Divorce
6.	Child Support in a Divorce
7.	Spousal Support (Alimony) in a Divorce
8.	Marital Settlement Agreements in a Divorce
9.	Comparing Equitable Distribution and Community Property for a Divorce
10.	Community Property and Separate Property in a Divorce
11.	Retirement Benefits in a Divorce
12.	Tax Implications of a Divorce
13.	Other Issues Affecting Divorce
14.	Divorce Procedures in Your State

3. Legal Requirements for Divorce

Under most state laws, a divorce (or “dissolution”) action must be filed and decided in court. Many states have a “no-fault divorce” policy. In other words, the courts are not concerned with which spouse was guilty of marital misconduct.

The following legal requirements are necessary to file for divorce in most states:

Residency: The spouse filing for divorce must have resided in the state and county for a certain period. Six months is a common state requirement, and three months is typical at the county level.
Waiting Period: Most states have a mandatory waiting period from the filing to the finalization of a divorce. In other words, you cannot file and finalize a divorce on the same day. The average waiting period is 6 months but can be anywhere from 0 to 12 months. After the waiting period, the divorce is finalized and both parties are free to remarry.
Legal Grounds: States generally recognize two legal grounds for divorce: (1) irreconcilable differences and (2) separation. “Irreconcilable differences” simply means there are marital difficulties that cannot be reconciled and have led to the permanent breakdown of the marriage.
Jurisdictional Requirement: An action for divorce must be filed with the proper court. The appropriate court is typically in the county where either the wife or husband has resided for at least 3-6 months prior to filing for divorce.

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