Your Divorce Laws

Discover Your Divorce Laws and Save Money… ….by Gaining The “Know-How” of the Divorce Process

 

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

Time To Divorce
There is a waiting period of 60 days after filing the Divorce Forms and Divorce Papers before a divorce will be granted


Place of Divorce (Venue)
The case may be filed in:
(1) county where either spouse resides
(2) county where the spouses last lived together
(3) county where the grounds for divorce occured
(4) county where plaintiff resided for 6 weeks right before filing for divorce


Simplified or Special Divorce Procedures
There are 2 provisions for summary divorce in . First, a summary divorce may be granted if the following conditions are met:
(1) either spouse has been a resident of the state for at least 6 weeks;
(2) the spouses are incompatible or have lived separate and apart without cohabitation for 1 year;
(3) there are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children;
(4) there is no community or joint property, or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities, and have signed any deeds, titles, or other evidences of transfer of property;
(5) both spouses waive their rights to spousal support [maintenance] or the spouses have signed an agreement specifying the amount of spousal support;
(6) both spouses waive: [a] their rights to notice of entry of the final decree of divorce; [b] their rights to appeal the divorce; [c] their rights to request findings of fact and conclusions of law in the divorce proceeding; and [d] their rights to a new trial;
(7) both spouses want the court to enter the decree of divorce. A Summary Proceeding for Divorce is begun by filing a joint petition, signed under oath, together with an Affidavit of Corroboration of Residency by a witness.

In addition, a spouse may apply for a divorce by default by affidavit. In such situations, oral testimony will not normally be required. If there is a marital settlement agreement, it should be identified in the affidavit and attached to it when filed. The affidavit should:
(1) state that the residency requirements have been met;
(2) state that all of the information in the petition is correct and true on the personal knowledge of the person signing the affidavit;
(3) state that the affidavit contains only facts that would be admissible into evidence;
(4) give factual support for each allegation in the application;
(5) establish that the person signing the affidavit is competent to testify.

 

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 , as described in the divorce guidelines and divorce laws, is when the other spouses agrees to the terms of the divorce such as property distribution, child support, or child custody. Most of our customers (75%) prefer the Agreed Divorce method when the spouses sign the divorce papers and are agreed to the divorce.

  • A Default Divorce , from the divorce guidelines and divorce laws, is a divorce where your spouse doesn’t sign the Divorce paperwork or divorce forms. They simply doesn’t do anything at all… with the divorce. They simply default on their side of the case. And YOU who filed FIRST get whatever you ask for in the originally filed divorce forms. NICE

Missing Spouse
If your unsure of where your spouse is currently located, you may still get divorced in . A missing spouse divorce involves running an ad in your local penny newspaper. We help you through the process. Have no fear.

Wife’s Maiden Name
The Wife can receive her Maiden Name returned to her during the divorce. It is optional. We include this maiden name change in our divorce service for FREE. Often divorce in includes a maiden name change.


 

Divorce Resources
Here are the important divorce resources for :

 

The Divorce Process to File Your Divorce in
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for at your Local County Courthouse ( Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in
  • Attend your divorce court hearing. That is it!

 

How The Divorce Service Works

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

  • Visitation is the Plan both spouses have on WHERE the children will live and WHEN the children will see each parent
  • Legal Custody is different than Visitation. It is the ability to make decisions in the lives of the children. Such as, which church they will go to and where the children will attend school.
  • Physical Custody Is the choice of where the children will live and which parent they live with.

Child Custody in a shared arrangement, is the usual preferred method of our divorce clients. If a sole-custody arrangement is what you would like, then there is usually a very good reason for it. Usually the financial status of a parent is not usually considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody is to be awarded according to the “best interests of the child.” That is the gold standard.

Your Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation

Child Support Calculator
You can calculate your child support in right here.
Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • Alimony Laws ( Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…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 one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in .

Local Court Filing Fees
Your Local Court filing fees are not included in the price of our service. Then, to file your divorce in , the court fees must usually be paid when you file the divorce at your local county courthouse. It is better to call your local county court and ask what the fees are in your County to file for divorce papers. 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 always be paying the local court fees.

 

Divorce Laws and Guidelines