Divorce Laws Vary By State
Each state has specific guidelines that are factored in in the termination of a marriage and if you are looking for divorce help or information, there are a few items to consider.. Understanding how these individual laws can influence the future of your case, as well as your life, is important which is why it’s recommended to consult with an experienced divorce attorney as soon as you decide to file.
You may file for divorce only in states in which you are a current resident. The majority of states across the country will require that you have a certain period of residency established before you can file for divorce in that location. In most situations, this will be six months but it can be as long as a year. If you know that your spouse is already intending to initiate divorce proceedings in a separate state, you may wish to file first in your state to minimize the expenses of having to travel for divorce proceedings.
Custody And Support
Any related agreements associated with child custody, spousal support or child support have to be made in the state in which the divorce was granted. Getting divorce help in a state you are not a resident of is not a good option. Although every state will recognize the divorce that was previously granted in another state, they will not be required to do so if the original state did not have proper jurisdiction over the couple.
Divorce Help From An Experienced Lawyer Has Advantages
Hiring a lawyer to assist you in a divorce can have numerous advantages. You may be able to work out some key issues of the termination of the marriage without an attorney but there are certain situations in which you may not be able to come to an agreement. Consulting with a mediator involves the appointment of a neutral third party who can help you and your former partner discuss ways to move on from the divorce while dealing with the appropriate issues like division of debt or division of property. However, more complicated issues like child custody or spousal support may prompt litigation anyways.
Two Forms Of Divorce
One of the most important things to realize as you contemplate filing for divorce is the distinction between no-fault and fault divorces. Every state across the United States permits no-fault divorces which usually means you simply need to say that there are irreconcilable differences. In a fault divorce, however, you must be able to illustrate that the other spouse did something wrong. Not every state in the country allows for fault divorces. In certain situations, spouses may wish to remain legally married and instead be separated rather than divorced. A legal separation can assist you with having the court divide your property and also weigh in on child support, alimony and child custody.
In the event that you choose to file for divorce, having all of the relevant information including an inventory of your assets and debts can be beneficial. Many people find the divorce process overwhelming without having an experienced divorce attorney to help you navigate it and advise you how to handle certain situations. It can be difficult trying to resolve pertinent divorce issues if your former spouse refuses to cooperate with you or if he or she does not uphold the current orders already established by the court. In these situations, having an attorney advocating for you can be extremely helpful.