Divorce

Understanding the divorce process and state divorce laws can help you protect your rights and prepare for what to expect after divorce.

During divorce, you and your spouse or a divorce court will decide how to deal with different aspects of your life, such as:

Property division
Alimony
Child custody
Child support

Divorce Requirements

Before filing for divorce, you will need to make sure you meet the divorce requirements in your state. A local family law attorney can further discuss your state's specific requirements and how you will be affected in the divorce process.

Depending on the state, one or both spouses will need to have either established residency or be domiciled for a certain period of time before filing divorce. The legal definitions of residency and domicile differ from state to state.

During the divorce process, most states have divorce waiting periods to help make sure there isn’t the possibility of reconciliation.

Divorce waiting periods can be before or after filing the divorce petition and can range from a couple days to more than a year. Some states also have remarriage waiting periods that require one or both spouses wait for a specific amount of time after the divorce is final before remarrying.

Alternative Dispute Resolution

Many states encourage couples to consider alternative dispute resolution instead of divorce court. Alternative dispute resolution is becoming a popular divorce option among couples because the methods can help save time and money.

Divorce Mediation
Couples work together with family law attorneys and a mediator to reach a divorce settlement during divorce mediation. The divorce mediator, a neutral third party, usually evaluates each side of the case to give the couple an appraisal of the chances of winning or losing in divorce court. Protect yourself during negotiations with your spouse by connecting with a local family law attorney about your divorce.
Divorce Arbitration
In divorce arbitration, the couple agrees on an arbitrator to make decisions during the divorce. There is less discovery and other court procedures than divorce court, but divorce arbitration awards may be limited since the divorce court has the final say in decisions on child custody and support.
Collaborative Divorce
A couple will work with family law attorneys to negotiate the terms of a divorce in a cooperative atmosphere. The couple must enter into a written contract, agreeing to disclose all relevant facts and use good faith and best efforts to resolve the dispute. Family law attorneys are each spouses' representative during collaborative divorce, as well as acting as support and encouraging an agreeable solution.

Connect with a family law attorney today.

Legal Separation

Many states allow couples to try legal separation, which is a middle ground between marriage and divorce. To be considered legally separated the couple must file a petition for legal separation in the divorce court.

It’s possible the terms of a legal separation could impact the terms in divorce, so it’s important the conditions outlined in a separation petition will work for you in the future. Speak with a local family law attorney about protecting your best interests when setting workable terms.

There are several potential advantages of legal separation. Since you are technically still married, you may be able to continue to enjoy benefits while testing out the concept of divorce before making a more permanent decision.

Annulment

Annulment is a practice that is generally not as common as divorce and is not widely understood like divorce is. If a marriage is annulled, it was never legal in the first place, in accordance with state laws where the marriage took place.

When annulment occurs, it’s as if the marriage never even existed.

Grounds for annulment vary from state to state, but there are some common eligibility requirements that exist in most jurisdictions:

Age: If either spouse was too young to be legally married at the time of marriage
Mental incompetence: If either spouse was mentally ill or under the influence of alcohol or drugs at the time of marriage
Physical incompetence: If either spouse was unable to consummate the marriage
Fraud or Force: If either spouse was forced into the marriage
Bigamy: If either spouse was already married at the time of marriage

A local divorce lawyer should be able to help you determine if your marriage is eligible for annulment.

Speak to a Family Law Attorney about Divorce

Learn about the divorce process and how divorce laws in your state may affect you and your family.

Connect with a local family law attorney for advice on how to handle divorce and protect yourself in the process. Call 866-733-5116 or fill out a family law review form to get in touch with a family law attorney near you.

Connect with a family law attorney today.