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If you are thinking about getting a divorce, you must meet the legal requirements for divorce under the laws of the state you live in. Additionally, consulting with a seasoned divorce attorney in your state before starting your case can not only help you with the next steps in your life but can also lead you through the emotionally trying times ahead.
Before getting a divorce, each state has laws that mandate the couple meet certain requirements. One of these requirements pertains to your residency within the state. Although there may be some variation according to state laws, generally, in order to obtain a divorce, you or your spouse must have lived in the state for at least six continuous months prior to filing for divorce. Additionally, at least one spouse must have lived in the county in which you are filing for at least three continuous months.
The majority of states are no-fault divorce states. This means that a spouse who files for divorce cannot do so by alleging marital fault. If you want to file for a divorce, you can only claim that the marriage is ending due to irreconcilable differences. Divorce claims of adultery, cruelty, abandonment, drug or alcohol abuse, and other traditional marital “faults” are not recognized nor required.
Since neither spouse is considered at fault for the divorce, your or your spouse’s behavior will not be considered when the marital estate is divided. Likewise, a court will not consider marital behavior when calculating spousal support, also known as alimony.
There are many advantages to the no-fault system. One such advantage is that the filing spouse does not have to prove their spouse’s fault. In states that allow for a fault-based divorce, the filing party must prove to the court that their spouse was indeed at fault for ending the marriage. With no-fault, the filing party does not need to worry about proving misconduct to the court. Instead, both spouses can focus on resolving disputes surrounding common divorce issues such as property distribution, handling joint debt, spousal support, child custody, and child support.
Call a Divorce Law Firm Today
If you are considering filing for divorce, contact a skilled family law attorney today. They have experience handling a wide variety of divorce issues. From property division to alimony to child-related disputes, they can help and offer each client personalized and pragmatic legal advice, with the goal of guiding you through the divorce process. Contact a law firm online or call to schedule a confidential consultation to learn how they can help you.