How to Get Divorced: Introduction to Divorce Law

Getting a divorce is no small matter. It's important to understand the hows and whys of the process as well as the type of divorce you're looking to obtain. Each state will differ in their laws regarding the dissolution of a marriage, so versions of divorce will vary as well as possibly not being available. Understanding how to get divorced beforehand can help make the actual process less stressful.

Requirements to Get Divorced

A majority of states will require that the parties have residency for a specific amount of time. How much time is dependent on what the state itself requires. There are some states that have no residency law requirements, allowing for a fast divorce if necessary. It may also be necessary to live apart for some time before filing. Check your local laws before starting any process towards divorce.

Types of Divorce

What type of divorce you choose is largely dependent on the situation. Options are available for an agreed parting of ways where the couple is looking for the easiest way out. And there are choices for when neither side will see eye to eye.

Uncontested divorce. This is probably the most common type of divorce in the US. A judge will most likely approve the divorce quickly when both parties can come to equitable agreements with or without their attorneys. This means that all property divisions, child support and visitation as well as various other issues are ironed out before appearing before the judge.
Collaborative divorce. Used when both parties cannot come to agreements about how to divide assets and come to terms on other issues. Both parties will sit down and work out agreements with the support of their lawyers. Any paperwork generated during the process can be used in court if no resolution has been made.

Mediated is like a collaborative divorce, but a neutral party is involved as a kind of referee. The mediator will give no legal advice, leaving that to each party's attorney instead. But they will suggest solutions where there is a deadlock or no agreement at all.

Dividing Marital Property

Any property that was acquired during the marriage is considered marital property by the courts. These items that were once shared during the marriage are now in play. This can be something as simple as a set of furniture all the way up to the house. Local and federal laws can come into play for some types of assets and make things more complicated. It's best to have these issues out of the way before going into court. A judge does not want to split contested assets and will send you back to the negotiating table to settle the issues. Don't let this issue drag out the case.

When Children Are Involved

Having children under the age of 18 adds another consideration into the mix. Who will have primary custody? How much will one spouse pay the other for custody? Visitation is another issue as in which spouse gets the children when. All of these issues will need some thought and planning worked out.

Have Financial Paperwork Ready

Your financial situation will be scrutinized by the lawyers as they determine who makes what and where money goes to. It's best to be honest at this point and supply everything that is asked for. Not disclosing a bank account or fund may cause problems later in court.

Hiring an Attorney

It's best to have a lawyer who can help you with how to get divorced. They will work towards keeping everything equitable and making the best resolution for each party. It's especially important to have a lawyer when a divorce is acrimonious. Let the lawyer block any moves that may go against you in court. No two situations are the same. Having representation who can protect your rights is highly beneficial.

Thinking About Divorce?