Divorce Process and the Legal Requirements

Have you decided to depart ways from your spouse? Going through the divorce process is painful but you have to move on and start life afresh. The first step towards that is to file for divorce. In this connection it is worth mentioning that if you and your spouse agree on the terms of your divorce, the divorce process can be much simpler and less costly. If not, you better be ready to spend a considerable amount of money on divorce.

There are four issues in the divorce procedure. Division of marital property, division of debt, child custody and spousal support are the issues. There are two types of divorce- contested and uncontested. In an uncontested divorce, there are no discrepancies and spouses can agree to the conditions of the divorce without the need of trial. In a contested divorce, spouses decide to resolve their disputes in the court. In either case, it is significant to seek advice from a divorce attorney. An uncontested divorce can be handled without the help of an attorney in some cases but hiring a legal expert is indispensable for a contested divorce.

In most states, a divorce lawsuit should be filed with the court and decided in the court. The no-fault divorce option is not there in every state. This means the courts in such states are not concerned about which spouse is involved in marital misconduct. There are some legal requirements that are essential to file for divorce.

If you are filing for divorce in PA, you should have been a resident there for a specific time-period. This period can be six months in case of a state and when it comes to county level, it is three months. This is the common residency requirement at the state and county level.

From the time of the filing for divorce to the finalization of the divorce, there is a waiting period in many states. The waiting period is mandatory. This means you cannot file for divorce and finalize it on the same day. The waiting period can be six months on an average basis. It can be twelve months. The divorce is confirmed when the waiting period is over. After that you and your spouse can remarry.

There are two common grounds for divorce- separation and irreconcilable differences. Along with these, there are jurisdictional requirements as well.

These are the legal requirements for divorce.

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