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 the spouse filing the case must have been a resident of the state for a minimum of 6 months and a resident of the county for at least 90 days before filing the case


Place of Divorce (Venue)
The case may be filed in:
County where spouse filing for divorce has last resided for at least 90 days


Simplified or Special Divorce Procedures
Both spouses may jointly file a petition for dissolution of marriage. The petition must:
(1) be signed by both spouses and
(2) have attached to it a separation agreement which provides for: [a] division of property; [b] spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms); and [c] custody, visitation, and child support, if there are any minor children.
The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she:
(1) voluntarily signed the agreement;
(2) is satisfied with the agreement; and
(3) seeks dissolution of the marriage.
Finally, there may be local court rules which apply to divorce proceedings in


Grounds for Divorce
Grounds for a No-Fault divorce:
(1) incompatibility, unless denied by the other spouse
(2) living separate and apart without cohabitation and without interruption for 1 year

Grounds for Fault based divorce:
(1) adultery
(2) imprisonment
(3) willful desertion for 1 year
(4) cruel and inhuman treatment
(5) bigamy
(6) habitual intemperance
(7) fraud
(8) neglect

 

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

 

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!

 

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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 .

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

  • The Visitation Plan is the Plan the parents have on WHERE the children will live and WHEN the children will visit each spouse
  • Legal Custody is different than the Visitation Plan. It is the parent’s ability to make core decisions in the lives of the children…like, which church they will attend.
  • Physical Custody Is the parent’s choice of where the children will live. Also, which parent they live with and when they will exchange.

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.

The Missing Spouse Problem
If you don’t know where your spouse is currently located…in the USA or outside the USA… you may still get a divorce in . It may involve the extra expense of running a newspaper ad or something similar, but it is doable and we help clients through the process everyday.

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.

Your Local County Court Fees
When filing for divorce, your local county court charges some fees. They go to pay their clerks and the judges in this juncture. The price usual range between $75 and $200 to file a divorce. Every county does vary. So the best way to know is to call your county in the blue government section of your phone book. 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 be paying your own filing fees.

 

Divorce Laws and Guidelines