Getting a divorce can be a rather complicated process, even before a couple and their divorce lawyers step foot into a courtroom. The sadness and grief that so often accompany these proceedings can be terribly painful, too. What often compounds the situation, however, is being uninformed of the intricacies of divorce law. This is why it is vital for you to know what your state requires of you before you file for divorce. By doing so, you can save yourself from many a headache.
Divorce Defined
The legal definition of divorce throughout the United States is referred to as a dissolution of marriage. Once the marital union is dissolved, the law legally restores the formerly married individuals to the status of single.
Distribution of Assets and Custody in Divorce Law
Judges must determine who gets what as part of the divorce proceedings. The items that are most often addressed and split include alimony, spousal support, custody of the children, child support, property distribution, and the division of assets and debt.
The ways in which these items are divided depends on a number of factors. Some of the issues that are taken into consideration include each spouse’s employment status, their psychiatric and physical health, infidelities, potential earning power, and the custody of the children they will forever share.
Divorce Laws Throughout the United States
No matter how calmly and amicably a couple navigates their divorce, there are a number of rules and regulations of which they must be aware and adhere.
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Residency Requirements
Most states require that at least one spouse lives in the state in which they are filing for divorce. Many states also require that at least one spouse lives in the county in which they are filing. That said, the required length of residency both in state and county varies greatly. For example, Alaska does not require either spouse to live in-state, while Iowa and New Jersey require a year-long residency prior to filing. New York State generally requires spouses to live in-state for one full year prior to filing, but under certain conditions, increases the time frame to almost two years.
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Length of Marriage and Separation
Some states require couples to enjoy a “cooling off period” prior to filing, while others require couples to be legally separated for anywhere between two weeks and three months. Other factors, such as whether or not minor children are involved and how long the couple were married, can also affect proceedings. While children can impact how long a couple must be legally separated prior to filing for divorce, it is the length of the marriage directly affects the distribution of assets.
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Fault and No-Fault Divorces
It takes two people to get married and by extension, two people to get divorced. While some states require at least one party to admit how they contributed to the demise of the marriage others do not require either party to prove fault.
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Grounds for Filing
Despite the fact that most states do not require either spouse to admit wrongdoing, some states make allowances for “fault divorces” on the basis of things such as imprisonment, insanity, and infidelity.
When You Need a Divorce Lawyer in Schaumburg, Illinois
Divorce law is intricate and arduous for even the nicest of divorcing couples. And seeing as how those couples are few and far between, it is all the more imperative that you contact
Robert S. Thomas, Attorney at Law if you are considering getting a divorce in Schaumburg or the Chicagoland area.
