How to Get a Divorce: Legal Basics

If you are wondering how to get a divorce, there are certain legal rules you should know. Although the rules differ on a state by state basis, there is some commonality among the divorce laws in the United States, so by learning some general aspects involved in divorce, you can be better prepared to know what your divorce process will be like.

How to Get a Divorce

When you plan to get a divorce, every state requires you to list some reason for the divorce. Many states allow for a no fault divorce, in which neither party is blamed and in which both parties simply specify that they want out of the marriage. Reasons such as irreconcilable differences also provide a neutral reason for the divorce. On the other hand, in some cases, one party is unfaithful or abusive or unable to perform his or her sexual duties in the marriage- in such cases, these can be listed as the reason for divorce.

Depending on your reason for getting a divorce, some courts may require you to live apart for a set period of time before filing a divorce. For example, to file a no fault divorce, in some states you have to have lived apart for anywhere from six months to two years.

In addition to letting the court know why you are getting a divorce, another fundamental aspect of divorce involves dividing up the marital assets and dividing custody. If you and your spouse can get together and agree on a custody arrangement and a way to separate the assets, then you can draft your own divorce settlement. This is often less expensive, as you can then get an uncontested divorce and/or the court can just sign off on the settlement agreement.

If you can't come to an agreement with your spouse on issues of property or child custody, the court will decide these issues for you based on the rules that apply in the state. Some states, for example, are community property states and divide all marital assets 50-50 unless they were inherited or brought into the marriage and kept separate. Other states create an equitable distribution of property. All states, when deciding custody, focus on the best interests of the child.

After the court determines who gets what, the court will approve the divorce and it will become final. You will be legally bound to comply with the settlement arrangement and the custody agreement that the court either signed off on or created for you.

Getting Help

If you are going to get a divorce, the best person to help you learn how to get a divorce is your attorney. An experienced divorce or family law attorney can guide you through every step of the process and help ensure your rights are protected in a divorce.

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