Filing for Divorce
Since each marriage comes with its own unique set of problems and sources of conflict, there are countless reasons why some marriages fail. And, while most couples do all that they can to resolve these difficulties, sometimes a resolution just can't be reached. That's when some couples turn to divorce as a solution to their conflict and unhappiness.
Keep in mind that even if the reasons for dissolving a marriage vary widely, the legal process involved is very similar in most states. If you or someone close to you is contemplating divorce, it's important to clearly understand the legalities as soon as possible. To help you get started, we've created an overview of the divorce process below.
Establish Residency
To file for divorce in most states, you must establish that you have lived in that state for a designated period of time—typically for a minimum of six months to a year. If you have recently moved to a new state, be sure to determine your residency requirements prior to filing.
File the Paperwork
The divorce process typically begins with filing a petition for divorce in the family court where you reside. After filing, your spouse must then be served the petition by an adult not directly involved in the case.
At one time, many states required individuals to establish grounds, or to clearly define fault in the other spouse, as a part of the petition for divorce. However, many states have now decided that proving fault is unnecessary. Today, no-fault divorces are the most common types of divorce in the country.
Divide Property and Debt
As part of finalizing the divorce, both parties need to agree on how to divide their joint property; otherwise, the decision will be left to the judge. This process also involves dividing all debt incurred over the course of the marriage. Most courts encourage resolving property disputes outside of court; however, many states require mediation to help with this.
Determine Spousal Support
Laws regarding spousal support vary widely from state-to-state, so before considering this option, research what your state requires. Spousal support can be established permanently, or it can be set for a limited, specific amount of time. Spousal support can also be given as a lump sum. In general, a court will consider how long you have been married, your incomes and assets, whether one spouse was instrumental in establishing the other's career, and the contributions made toward maintaining the household.
Create a Parenting Plan
For divorcing parents, developing a workable parenting plan, or custody agreement, is the most important step in the process. When resolving this issue, parents must decide how much time children will spend with each parent, where the children will primarily reside and the details of daily decision-making. If parents are unable to cooperatively create a plan, the court will develop a plan based on its perception of what's best for the children. In many states, parents are asked to attempt to work out their differences in mediation so that they may avoid a painful legal process for them and their children.
It's important to remember that while children are minors, custody arrangements are never considered permanent. Parents may petition for a change if the custodial parent's circumstances radically change, or if an older child expresses a clear desire to live with the other parent.
Determine Child Support
No matter whether you have joint custody or visitation rights only, both parents are equally responsible for financially supporting their minor children. Determining child support payments depends on the incomes of both parents involved, as well as the minimum amount required by state law. If either parent experiences a significant change in financial circumstances, they can ask the court for a change in required payment.
Your marriage will legally end once the judge presiding over your case signs the final judgment of dissolution. Not only does this final judgment make your divorce official, it may include any legally binding orders regarding spousal support, parenting plans and custody decisions, and the divisions of property and debt.