![]() ![]() ![]() You also need to make sure you file your petition for divorce in the appropriate court. If your state imposes a waiting period, make sure you have been separated for the required length of time before filing for divorce so you don’t have to begin the process over again. In this part of the process, you actually file paperwork with the court to begin the process of formally dissolving your marriage. Filing for Divorceįiling is one of the most crucial steps of divorce. Or you may think you can influence the court’s decisions about issues such as asset division or custody by proving your spouse wronged you. You may want it on record that you believe the other party was to blame for your breakup. This means there are specific grounds for divorce such as abuse, abandonment or adultery.įault divorces can be more complicated and expensive, but you may request a fault divorce for several reasons. Some states also allow for fault divorces. ![]() A no-fault divorce is granted even if your spouse does not want the divorce. Instead, the divorce is just based on the fact you and your spouse have irreconcilable differences. This means neither party is alleging any specific wrongdoing as justification for the divorce. When you are ready to move forward with the divorce process, you’ll have to decide whether to file a petition asking for a fault divorce or a no-fault divorce.Īll states allow no-fault divorce. An experienced divorce attorney can explain this aspect of the divorce process where you live. Otherwise, you could end up delaying your divorce. It is very important you understand whether your state requires a period of separation before your marriage ends and how your state defines separation. This can be helpful if your spouse is not being cooperative (for example, by not allowing you access to your home or children or by denying you financial help you need). If you are legally separated, you have a written agreement or order about money, custody and support.In some states you can do this in the same house. If you are informally separated, you live apart.The waiting period before divorce could range from as little as a few weeks to as long as a year, although there are some locations that don’t impose a waiting period at all.ĭuring the waiting period, you may be informally or formally separated from your spouse. This means a certain amount of time must pass between the time you separate and/or the time you file for divorce and the time your marriage is officially over. In fact, many states have a divorce waiting period. Separationĭivorce cannot happen overnight. Here are the divorce steps you may have to go through before the court declares your marriage is over. ![]()
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