Divorce
A petition for divorce (or "dissolution") must be filed and decided in court. However, all states have "no-fault
divorce" laws that allow couples to split on the basis of irreconcilable differences without going to trial and without the requirement of establishing fault. In fact, 15 states offer only no-fault divorces, which means that a no-fault divorce is the only option even when there has been substantial wrongdoing.
There are a few legal requirements that must
be met to file for a divorce:
- Residency: The spouse filing
for the divorce must have resided in the state
for certain time (usually at least 6 months
prior to filing the action, and at least 3 months
in the county where the petition will be filed).
- Waiting Period: There is
a waiting period that marks the date the divorce
becomes final and the parties are free to remarry.
This waiting period is anywhere from as little as six weeks up to 12
months, depending on your state's laws. The average is about 6 months plus one day from
the date the papers are filed in court.
- Legal Reasons: All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. These reasons given are referred to as the grounds for divorce.
- Jurisdictional Requirement:
A petition for divorce must be filed in the proper
court. The correct court will be located in
the county where either the wife or husband
has resided for at least 3 months prior to filing
for divorce.
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