Legal Requirements for Divorce

Posted By Adam Denton, Personal Injury,Uncategorized On July 17, 2016

In today’s world, while more couples are getting married, just as many seem to be getting divorced. While there may be numerous reasons why couples seek a divorce, the fact is most states have many of the same basic requirements for divorce proceedings. If you find yourself in a difficult situation within your relationship and are considering divorce, here are many of the legal requirements you’ll need to be aware of prior to speaking with an attorney.

Residency Requirements
In most states, the spouse who decides to file for divorce must have lived in the state and county for a certain period of time. The most common requirement is six months within a state, while the county residency requirement is only three months. In some cases where a spouse has worked out of state and been away for some time, the other spouse or their attorney may attempt to call into question the residency requirements, so it’s best to be prepared for this possibility.

Waiting Period
When a couple decides to get divorced, in many instances they wish it could happen instantaneously. However, for a divorce to be granted, a waiting period usually must be observed by both parties. In the majority of states, a mandatory waiting period must be observed, which keeps a party from filing and finalizing a divorce within the same day. While the waiting period can range from as little as one month to as much as one year, the typical state has a waiting period of six months. Once the waiting period has come and gone, the divorce is officially declared valid, allowing one or both spouses to remarry if they so choose.

Legal Grounds
Naturally, for divorce proceedings to advance through the judicial system, there must be legal grounds for doing so. The two most recognized legal grounds for divorce in almost all states are irreconcilable differences and separation. Since most couples who are seeking a divorce separate rather quickly, this requirement is almost always easily met. If, along with being separated, the couple has marital difficulties that can’t be reconciled, then the irreconcilable differences criteria has been met. Considered to be circumstances that have led to the permanent breakdown of the marriage, irreconcilable differences are the most common reason given by couples for seeking a divorce.

Jurisdictional Requirements
If a couple is seeking a divorce, the one thing they want to be sure of doing is registering their complaints of one another in the proper court system. To make sure they have met the necessary jurisdictional requirements when filing for divorce, in most scenarios, the court system which is located in the county where the individual spouse has lived for six months or more is looked upon as the court holding proper jurisdiction.

While divorce is something no couple ever seeks, the fact remains that the divorce rate for couples in the United States is nearly 50 percent. Even though this figure is seen as staggering by some, to others it indicates a willingness of couples to admit they made a mistake while attempting to move forward with their lives. Because of this, the divorce rules in most states have been relaxed tremendously in recent years, making it easier than ever to legally end a marriage. If you are a spouse who feels as if all avenues for an attempted reconciliation have been exhausted, consulting an attorney who specializes in family law is often the best choice. By doing so, you can be assured by someone with experience in this area that your filing does indeed meet the necessary criteria and can proceed.

Need more information? We encourage you to speak to one of our professional divorce lawyers in new york city today.