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Things To Know To Prepare Yourself For A Divorce

December 12, 2021

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Considering a divorce in Springfield? Here’s everything you should know before divorcing your spouse, including the prerequisites for divorce, reasons for divorce, and alternatives to going to court.

Whether you and your wife agree on how to divide your assets and share parenting responsibilities or have disputes, you must understand the fundamentals to get your divorce start right.

Requirements for Divorce

Before a court may approve a divorce petition, every state has a set of standards that parties must fulfill.

Residency Regulations

You can get married in any state, even if you don’t reside there, as long as you follow the state’s civil marriage procedures. The conditions for dissolving a marriage, on the other hand, are more severe. Before you may apply for divorce in a state’s courts, you must meet the state’s residency requirements.

Most states require the filing spouse to reside in the state for at least three months. Some states may just demand that the filing spouse be a resident of the state at the time of filing and intends to stay for a certain period of time.

Waiting Period

Your state may need a specific amount of time before a court may complete your divorce.

Before you file, find out if your state has a waiting period so you can get an exact estimate of how long it will take the court to complete your divorce.

Prerequisites for Separation

Before filing for divorce or before the judge may complete the divorce, some courts require married spouses to live “separate and apart.” It’s crucial to learn about any separation requirements and if you don’t fulfill those requirements, the court may reject your divorce petition or place your case on hold. It is wise to consult with a reputed Springfield divorce attorney in your area for the right guidance.

Reasons for Divorce

Divorce laws differ from one state to another. However, in all jurisdictions, you must provide the court with an explanation (“grounds”) for why you desire a divorce in your petition. There are two types of divorce grounds: “no-fault” and “fault-based.”

No-Fault Divorce

Divorcing couples in every state have the option of seeking a “no-fault” divorce. In a no-fault divorce, neither spouse must establish that the marriage terminates because of the other person’s misconduct. Instead, just one spouse needs to declare that the marriage is finished and that there is no hope of restoration.

The majority of couples opt for a no-fault divorce. Divorces without blame are less complex and difficult than divorces with fault: There is often less worry and stress during the divorce process since you don’t have to show your spouse did something wrong.

Fault-based Divorce

You must prove wrongs by your spouse that lead to the failed marriage if you file for a divorce based on fault. Adultery, severe cruelty (physical or mental), and abandonment are common reasons for a fault-based divorce.

Considerations during Divorce

A lot of concerns about the marriage must be resolved before a divorce may be completed. A court can fix the issues and order a settlement in the final divorce decree, or the couple can discuss and reach an agreement on their own.

Some factors to consider:

Dividing Property
Equitable Division
Community Property
Alimony
Child Custody and Parenting Time
Child Support

Is it Possible to Get a Divorce Without Having to Go to Court?

Your divorce is not effective until a judge signs a formal divorce decree. Despite the fact that a judge must issue the ultimate divorce decision, you are not required to litigate in court. Here are a few options to consider.

Uncontested Divorce

An uncontested divorce may be possible if a divorcing couple can work together and achieve an agreement on all of the problems in their divorce. Uncontested divorces are a less expensive and time-consuming alternative to going to court to dissolve your marriage. Yet it is a great idea to hire a lawyer to avoid blunders.

Mediation in Divorce

A mediator assists the spouses in reaching an agreement on the problems in their divorce during a mediated divorce.

Mediation has several advantages over litigation: it is usually faster and less expensive, and it helps couples communicate more effectively in the future. However, in presence of ongoing or impending domestic violence, mediation is not ideal.

Collaborative Divorce

When couples want to avoid arguing in court but still want attorneys to negotiate on their behalf, collaborative divorce is an option. The spouses and their attorneys agree to try to do their best to achieve an agreement on the divorce issues in a collaborative divorce.