Everyone has their preferred method for breaking up with their significant other. But what if things don’t go as planned? What do you do then? You may have to deal with the notoriously complex and confusing divorce law in the US. This blog post will look at five things you need to know to navigate these waters successfully. From property division to child custody, read on to learn everything you need about US divorce law.
What Is a Divorce?
A divorce is the legal dissolution of a marriage. In most cases, it requires the approval of a court. The steps involved in getting a divorce vary depending on the jurisdiction, but they all typically include filing a lawsuit and going through a custody and financial evaluation process.
The parties to a divorce must usually live apart for at least one year before filing for divorce. This is so that the court can determine whether or not the relationship is irreparable. If the court determines it is, it may refuse to grant a divorce.
Who Can Get Divorced in the US?
Anyone in the US who is legally eligible to get divorced can file for divorce. The only requirements are that you and your spouse live in the same state, have been separated for at least six months, and are willing to divorce. If one or both of you still live with your parents, they cannot file for divorce on your behalf.
You must file a divorce petition (form) with the court to file for divorce. The court will then schedule a hearing where you and your spouse can present evidence about why you want to divorce. After the hearing, the court will decide whether or not to grant your petition and will provide you with a date by which you must take action (file the paperwork). If everything goes according to plan, your divorce will be finalized within about 30 days after filing.
However, while this is the textbook explanation for how divorces in the US work, the reality is much more complicated. When couples wish to get a divorce, they often struggle to come to a common ground with respect to negotiation of property and assets. If there are children involved, the process gets even more complicated. Many couples hire legal counsel to represent them during these negotiations, as these professionals would have a deeper understanding of the laws and the processes. Anyone who wishes to learn about the divorce process and why legal representation is a good idea can Click here for more information.
When a Divorce Is Considered Final?
A divorce is considered final in the United States when all required legal procedures have been completed, often with the assistance of reputed divorce attorneys on both sides. This typically includes filing for divorce, serving the other party with a copy of the paperwork, and waiting for a response from the other party. If there are no children involved in the divorce, either party can get a divorce without having to serve the other party with paperwork. However, if children are interested in a divorce, one parent must serve the other parent with paperwork before they can get a divorce.
Suppose one party does not respond to the paperwork or files for an annulment instead of a divorce. In that case, that party’s divorce is considered invalid, and they cannot get a new marriage license until the court has resolved their invalidity. Suppose one spouse commits suicide after filing for divorce but before serving documents on the other spouse. In that case, that spouse’s death will also result in an irreparable marriage breakdown and the subsequent invalidity of their divorce.
What Are the Different Types of Divorces Available in the US?
There are several different types of divorces available in the US. The most common type is dissolution when the couple ends their marriage. Other divorces include annulment, where one party wants the wedding to be declared void, and divorce by mutual consent when both parties agree to split up but still live together. Medical divorces are also granted when one spouse suffers from an illness that makes continuing the marriage difficult. Lastly, separation agreements are used when one or both spouses want to divorce but aren’t interested in going through a complete divorce process.
How Much Does It Cost to Get Divorced in the US?
In the United States, divorce can be expensive. Depending on the state, a divorce can cost anywhere from $1,000 to $50,000. Some costs associated with getting divorced include attorney and court costs. Additionally, couples may need to spend money on property settlements and child custody arrangements.
Divorce is difficult for both parties involved, but it can be made easier with little preparation and knowledge. By being aware of the laws that apply to your situation, you can minimize stress and maximize your chances of a positive outcome. So read on and learn everything you need about divorce in the United States!