Your Divorce Laws

Discover Your Divorce Laws and Save Time… ….by Understanding the Divorce Process in

 

Residency Requirement
According to the Divorce Laws and Divorce Guidelines, to get divorced in , the spouse filing the case must have been a resident of the state for at least 6 weeks before filing

Place of Divorce (Venue)
The case may be filed in:
(1) the county where the defendant resides
(2) county where the plaintiff resides if defendant is a non-resident

Simplified or Special Divorce Procedures
Divorces may be granted upon the default of the defendant. In addition, marital settlement agreements are specifically authorized. They must be in writing and notarized in the same manner as deeds. If the marital settlement agreement has any provisions which concern real estate, it must be recorded in the county recorder's office.

Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
(2) living separate and apart without cohabitation for 5 years

Grounds for a Fault based divorce:
(1) Adultery
(2) permanent insanity
(3) conviction of a felony
(4) willful desertion
(5) extreme cruelty
(6) willful neglect
(7) habitual intemperance

 

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in , the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , defined by divorce guidelines and divorce laws, is a scenario where the spouses agree on the terms of the divorce such as property distribution, child support, or child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , according to the divorce guidelines and divorce laws, is a divorce where the other spouse doesn’t sign the Divorce forms or divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.

 

Divorce Resources
Here are the important divorce resources for :

 

Process to file for Divorce in
There are only three basic procedural steps to a divorce:

  • File Divorce Papers for ( Divorce Forms)
  • Notify Spouse of your filing for divorce in
  • Attend your divorce hearing

 

How The Divorce Service Works

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Child Custody Laws
Simple Definitions: (source: divorce process in and divorce laws)

  • Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
  • Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody pertains to the place where the children will live and which parent they live with.

Child Custody in a shared arrangement, in one form or another, is the preferred method of our divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in .

Child Support Calculator
You can calculate your child support in right here.

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in , fees must usually be paid when you file the divorce forms and divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in , you will almost always be the one to cover the court fees which is standard procedure.

Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Alimony Laws ( Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the divorce laws for alimony, it is possible for alimony to be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in .

Missing Spouse in
If your spouse is missing or cannot locate him/her, after diligent effort, you may still get a divorce in . It may involve the small expense of running a newspaper ad or something similar. We help you through the process with our FREE Missing Spouse Package.

Wife’s Last Name Change
The wife may also if she chooses to change his last name or receive her Maiden Name back during the divorce. Our Divorce Service includes this name change in our service for FREE.

 

Divorce Laws and Guidelines