FAQ's
about DivorcesYourself.com
What is "Interactive Attorney Assistance"?
How can DivorcesYourself.com offer quality legal services at such reasonable prices?
Will I save on filing fees and/or other costs by using DivorcesYourself.com?
Will DivorcesYourself.com prepare all necessary divorce materials and guarantee that my divorce paperwork will
be appropriate for my circumstances?
Can I use DivorcesYourself.com in a Contested Divorce?
How Do I GET STARTED?
FAQ's about Divorce in General
Should I get a Divorce, Legal Separation, or Annulment?
What is the difference between a contested divorce and
an uncontested divorce? Why are divorces with children more expensive?
What Process is Involved to Finalize my Uncontested
Divorce?
State-Specific FAQ's
Answers to Frequently Asked Questions about DivorcesYourself.com
Only DivorcesYourself.com offers
Interactive Attorney Assistance
At DivorcesYourself.com, an experienced
divorce attorney licensed to practice law in your
state* can guide you and your spouse through the divorce
process. In contrast, most other legal
websites are designed and/or operated by lay
persons. These other sites cannot give legal
advice
because they are not licensed to practice law!
Notwithstanding optional attorney
assistance, if your divorce is straightforward,
you can be confident that our Preferred Service
will meet all of your needs. The suitability of your divorce materials is guaranteed.
In effect, our Preferred Service is as if an
attorney prepared your materials
because our Preferred Service program and questionnaire
were designed and are continuously overseen by a licensed
and experienced divorce attorney.
*Interactive Attorney Assistance is not available in
all States. Please check with Customer Service to
determine the availability of these services in your
State.
DivorcesYourself.com offers Quality
Legal Services at Reasonable Prices
DivorcesYourself.com offers quality divorce services
at reasonable prices because we bring cutting edge
technology to bear on case specific yet generally
repeated legal issues. Our Preferred Service offers all you
need to complete your divorce with no direct
attorney interaction. Consequently, our costs
are reduced and you reap the financial benefit of
our efficiency.
Our Premium Service and
Premium-Plus Service
Levels offer greater levels
of attorney interaction and case specific problem-solving;
consequently, the cost of these services must proportionally
increase. Nonetheless, we can increase the volume
of service we provide because we focus on specific
areas of law. As a result, even our Premium
Services are priced below market levels. Once
again, you reap the benefit of our efficiency!
DivorcesYourself.com may
Eliminate Costs Associated with Divorce.
DivorcesYourself.com's uncontested packages eliminate
many costs associated with divorce (and legal
proceedings in general) such as the cost of service of
process and costs associated with obtaining temporary
orders. You pay only the cost of our services
plus those fees that are charged in every divorce by
your State and County to initiate and finalize a
divorce.
Although DivorcesYourself.com does not pay
your court filing fee, if any, depending upon
your circumstances, you may qualify for a waiver
of State or County fees. Consequently, the sole cost
of your divorce could be limited to our single low-fee.
All Materials Professionally Prepared
DivorcesYourself.com will prepare all
necessary court materials plus provide specific easy
to understand instructions to complete your divorce.
On the average, you will save over $4000.00 compared to the
traditional cost of hiring an attorney to represent
you in court.
Most states require that divorcing
couples use mandatory pleadings that are different
from the pleadings used in other states. If you fail
to submit the proper paperwork, the court clerk may
refuse to file your papers and the judge may refuse
to grant your divorce.
DivorcesYourself.com guarantees you will
receive the necessary materials to successfully
complete your divorce. You choose the level of interactive attorney assistance
that best suits your situation, if any! You can be confident
your divorce will be done correctly the first time
at a bargain price!
DivorcesYourself.com can help with
Contested Divorces too!
DivorcesYourself.com is the ideal tool
for uncontested divorces. We can help you start
your contested divorce. Although we will not
represent you in court, we can prepare your
initial pleadings for a contested divorce and help you get
your divorce underway.
In example, sometimes a spouse refuses
to acknowledge the poor condition of a marriage due
to embarrassment or for fear of being labeled a failure.
Consequently, this spouse is initially unwilling to
cooperate with the divorce process. Nonetheless, once
the divorce is started, this same spouse is oftentimes
unopposed to the divorce.
Under these and other circumstances,
we prepare materials that will allow you to initiate
the divorce process without your spouse's cooperation.
Unless your spouse actively contests the divorce,
you may even be able obtain a final Divorce Decree
by default founded upon the materials and instructions
we provide. The materials we provide are
required by the court; consequently, on average you
save about $1500.00 compared to the cost of hiring an
attorney to prepare these same mandatory materials for
you.
Getting Started!
Getting started with DivorcesYourself.com is easy! Just click the "GET STARTED"
link found on any of our pages; then, follow the simple
process.
After you subscribe, we will guide you through
a series of questions. All necessary divorce materials
are completed based upon the information you provide.
The entire process can be completed in 20 - 30 minutes.
Your complete divorce packet and instructions is instantly
available for immediate download. Review your
materials and feel free to make as many changes as
you like, day or night, within your service period.
You have 30 days to complete the questionnaire
online and download your divorce packet and instructions.
You can stop at any point and save your answers if
you are undecided on a response. You can amend a response
at any time within your 30 day service window. Depending
on the level of attorney assistance you select, you
can even confer with an experienced divorce attorney
about your particular situation.
You should be prepared to provide detailed
financial information. Naturally, your information
will be held in strictest confidence. Our
privacy policy
prohibits release of any of your information to any
third party without your permission. Please note that
your failure to identify all assets and debts may
result in unexpected ownership of assets or responsibility
for debts.
If you have dependent children, you
must provide adequate information for the preparation
of a parenting plan and a child support order (even
if you do not want child support) or the court may
not grant your divorce. The court may impute
income in excess of actual income against a party
that fails to provide adequate income information.
DivorcesYourself.com will help you through
process quickly and efficiently for a reasonable fixed
fee.
Answers to
Frequently asked Questions about Divorces in General
Divorce, Legal Separation, or Annulment?
DIVORCE
A divorce (dissolution of marriage) terminates your
marriage. A couple's assets and debts will be equitably
divided. If applicable, a plan will be established
regarding custody, visitation, and support of any
minor children of the marriage. Spousal support may
also be addressed.
Most States mandate a "waiting period"
between the time the divorce is initiated and the
date it will become final. This waiting period
is usually between 90 and 180 days. It is intended
that the parties should become certain they want a
divorce during this "waiting" or "cooling off" period.
Almost all States will dissolve a marriage
(grant a divorce) without finding either party to
the marriage "at fault". In example, California
will grant a divorce upon finding that the couple
has "irreconcilable differences". Washington
State will grant a divorce upon determining that the
marriage is "irretrievably broken." For detailed
information about your State, review DivorcesYourself.com's State-Specific FAQ's.
A spouse cannot refuse to become divorced;
however, either spouse can contest division of assets
and debts, support, custody, and visitation. Spouses
can also seek temporary orders regarding these matters
while the divorce is pending. If the parties cannot
ultimately work out their differences, these differences
may be settled at trial before a judge without a jury.
The contested divorce process is costly,
lengthy, and emotionally challenging at best; consequently,
at DivorcesYourself.com we encourage couples to
work out differences with one another aided by our
interactive divorce service.
LEGAL SEPARATION
A legal separation involves all of the same processes
that are involved in a divorce except a couple's marriage
is not dissolved. Legal separations require no waiting
period. A legal separation can be converted to a divorce
after a waiting period; however, assets and debts
will not be redistributed at the divorce.
Some couples who desire to remain married
seek a legal separation for financial reasons. It
is important to note that the division of assets and
debts in a legal separation is final. Consequently,
assets and debts are not necessarily re-acquired if
a couple later decides to set aside the legal separation.
Some couples believe a legal separation
is a less significant when compared to divorce. This
belief is not necessarily accurate; consequently,
DivorcesYourself.com urges couples to
carefully choose between a divorce and a legal separation.
Few good reasons exist to seek a legal separation
when a divorce is desired.
ANNULMENT
An annulment is a legal decree that essentially states
the marriage never existed. Couples can get their
marriage annulled only if some condition existed at
the time of marriage that prevented a legal marriage
from occurring. For instance, a couple may have their
marriage annulled if is discovered that one party
to the marriage was legally married to someone else
at the time of the couple's marriage. No waiting period
exists for an annulment; however, a specific basis
for the annulment must be proved before a Decree of
Invalidity (Annulment) will be granted.
Contested and Uncontested Divorces
In the simplest terms, an uncontested
divorce is a divorce in which the parties can work
out and ultimately agree to every aspect of the divorce.
A contested divorce is any other divorce. DivorcesYourself.com will provide divorcing
couples all necessary materials to successfully complete
an uncontested divorce. We can also help you
start your contested divorce.
Uncontested, your divorce can be finalized
in as few days as the minimum waiting period in your
State. In contrast, should either party contest any
aspect of a divorce, a trial may become necessary
to resolve the dispute. It is not unrealistic to wait
more than a year just to get a trial date for a contested
divorce.
Obviously, the financial and emotional
cost of a contested divorce is dramatic when compared
to an uncontested divorce. In a contested divorce,
control over the divorce process and its outcome will
be wrested from the parties and given over to a disinterested
judge who will decide the identical issues the parties
were asked to agree upon. In the end, any benefit
that may accrue to either party as a result of the
divorce trial will almost certainly be offset by the
emotional and financial cost of the process.
DivorcesYourself.com encourages couples
to work out their differences with one another. Through
our service, couples can work through sticking points,
ultimately benefiting both emotionally and financially
from an uncontested divorce. Our variable attorney
assistance options afford couples the opportunity
to get their questions answered by an experienced
divorce attorney at a fixed and reasonable price.
If you are unable to work cooperatively with your
spouse, we can help you initiate your contested divorce.
Divorces involving Children
Divorces involving children less than
18 years of age at the time the divorce becomes final
are more complex because the law requires that the
best interests of such children be considered and
protected. Consequently, additional pleadings
including "Parenting Plans" (formal plans that set
out custody and visitation regarding the children)
and Child Support Orders must be prepared before the
divorce can be finalized.
A proper amount of Child Support to
be paid by any party is largely determined by application
of a pre-set income based formula. The Court
will allow little deviation from this formula unless
deviation is in the best interest of the children.
DivorcesYourself.com will assist you
in determining a proper amount of Child Support, if
any.
Finalizing your Uncontested Divorce
DivorcesYourself.com instantly provides
all necessary materials to finalize your divorce.
In some States, the parties may never even go to the
courthouse--the entire process can be completed by
mail. In other States, one or two visits to
the courthouse may be required--one visit to file
your pleadings and set up your appointment to finalize
your divorce. Once you appointment date and times
arrive, a personal visit to the courthouse may be
required for the judge to finalize your divorce!
In most counties, one judge process
all final divorces at once on a specific day of the
week. You will likely find yourself in a courtroom
with many other persons who are finalizing their divorces. If required, answer a few simple questions;
then, the judge will review your pleadings and sign
your Decree of Dissolution (Divorce Decree). With DivorcesYourself.com it's that easy!
Information about Divorce in
Alabama
RESIDENCY REQUIREMENT:
When the defendant is a nonresident, the other
party to the marriage must have been a bona fide
resident of Arizona for six months next before the
filing of the complaint, which must be alleged in
the complaint and proved. Residency is met if
both parties currently reside in Alabama.
[30-20-5]
WAITING PERIOD:
No Judgment may issue before
thirty (30) days after the filing of the Complaint.
Additionally, the parties may not remarry (except
remarriage to one another) for sixty (60) days after
entry of Judgment; or, during the pendency of an
appeal, if any. [30-2-8.1; 10]
GROUNDS FOR DIVORCE:
Fault based--(1) In favor of
either party, when the other was, at the time of the
marriage physically and incurably incapacitated from
entering into the marriage state; (2) For adultery;
(3) For voluntary abandonment from bed and board for
one year next preceding the filing of the complaint;
(4) Imprisonment in the penitentiary of this or any
other state for two years, the sentence being for
seven years or longer; (5) The commission of the
crime against nature, whether with mankind or beast,
either before or after marriage; (6) For becoming
addicted after marriage to habitual drunkenness or
to habitual use of opium, morphine, cocaine or other
like drug; (7) In favor of either party, when the
other, after marriage, shall have been confined in a
mental hospital for a period of five successive
years, if such party from whom a divorce is sought
is hopelessly and incurably insane at the time of
the filing of the complaint; provided, however, that
the superintendent of the mental hospital in which
such person is confined shall make a certified
statement, under oath, that it is his opinion and
belief, after a complete and full study and
examination of such person, that such person is
hopelessly and incurably insane; (8) In favor of the
husband, when the wife was pregnant at the time of
marriage, without his knowledge or agency; (9) In
favor of either party to the marriage when the other
has committed actual violence on his or her person,
attended with danger to life or health, or when from
his or her conduct there is reasonable apprehension
of such violence; (10) In favor of the wife when the
wife has lived, or shall have lived separate and
apart from the bed and board of the husband for two
years and without support from him for two years
next preceding the filing of the complaint, and she
has bona fide resided in this state during said
period.
No fault--(1) Upon application of
either the husband or wife, when the court is
satisfied from all the testimony in the case that
there exists such a complete incompatibility of
temperament that the parties can no longer live
together; (2) Upon application of either party, when
the court finds there has been an irretrievable
breakdown of the marriage and that further attempts
at reconciliation are impractical or futile and not
in the best interests of the parties or family.
[30-2-1]
"QUICKIE" PROCESS:
None
Information about Divorce in
Arizona
RESIDENCY REQUIREMENT:
A judgment of dissolution of
marriage may not be entered unless one of the
parties, at the time the action was commenced, was
domiciled in this state, or was stationed in this
state while a member of the armed services, and that
in either case the domicile or military presence has
been maintained for ninety (90) days prior to filing
the petition for dissolution of marriage. [25-312]
WAITING PERIOD:
The court shall not consider a submission of a
motion supported by affidavit or hold a trial or
hearing on an application for a decree of
dissolution of marriage or legal separation until
sixty (60) days after the date of service of process
or the date of acceptance of process. [25-329]
GROUNDS FOR DIVORCE:
Non-Covenant Marriages--If both
of the parties by petition or otherwise state under
oath or affirmation that the marriage is
irretrievably broken or if one of the parties so
states and the other does not deny it, the court
shall make a finding as to whether or not the
marriage is irretrievably broken. If one of
the parties denies under oath or affirmation that
the marriage is irretrievably broken, the court
shall hold a hearing to consider all relevant
factors as to the prospect of reconciliation and
shall make a finding as to whether or not the
marriage is irretrievably broken or order
counseling. [25-316]
Covenant Marriages--(1) The
respondent spouse has committed adultery; (2) The
respondent spouse has committed a felony and has
been sentenced to death or imprisonment in any
federal, state, county or municipal correctional
facility; (3) The respondent spouse has abandoned
the matrimonial domicile for at least one year
before the petitioner filed for dissolution of
marriage and refuses to return. A party may file a
petition based on this ground by alleging that the
respondent spouse has left the matrimonial domicile
and is expected to remain absent for the required
period. If the respondent spouse has not abandoned
the matrimonial domicile for the required period at
the time of the filing of the petition, the action
shall not be dismissed for failure to state
sufficient grounds and the action shall be stayed
for the period of time remaining to meet the grounds
based on abandonment, except that the court may
enter and enforce temporary orders pursuant to
section 25-315 during the time that the action is
pending; (4) The respondent spouse has physically or
sexually abused the spouse seeking the dissolution
of marriage, a child, a relative of either spouse
permanently living in the matrimonial domicile or
has committed domestic violence as defined in
section 13-3601 or emotional abuse; (5) The spouses
have been living separate and apart continuously
without reconciliation for at least two years before
the petitioner filed for dissolution of marriage. A
party may file a petition based on this ground by
alleging that it is expected that the parties will
be living separate and apart for the required
period. If the parties have not been separated for
the required period at the time of the filing of the
petition, the action shall not be dismissed for
failure to state sufficient grounds and the action
shall be stayed for the period of time remaining to
meet the grounds based on separation, except that
the court may enter and enforce temporary orders
pursuant to section 25-315 during the time that the
action is pending; (6) The spouses have been living
separate and apart continuously without
reconciliation for at least one year from the date
the decree of legal separation was entered; (7) The
respondent spouse has habitually abused drugs or
alcohol; (8) The husband and wife both agree to a
dissolution of marriage. [25-903]
"QUICKIE" PROCESS:
None.
Information
about Divorce in California
RESIDENCY REQUIREMENT:
A judgment of dissolution of
marriage may not be entered unless one of the
parties to the marriage has been a resident of this
state for six months and of the county in which the
proceeding is filed for three months next preceding
the filing of the petition. [2320]
WAITING PERIOD:
No judgment of dissolution is final
for the purpose of terminating the marriage
relationship of the parties until six months have
expired from the date of service of a copy of
summons and petition or the date of appearance of
the respondent, whichever occurs first. [2339]
GROUNDS FOR DIVORCE:
(a) Irreconcilable differences, which have caused
the irremediable breakdown of the marriage; or, (b)
incurable insanity. [2310]
"QUICKIE" PROCESS:
A marriage may be dissolved by the
summary dissolution procedure provided in this
chapter if all of the following conditions exist at
the time the proceeding is commenced: (1)
Either party has met the jurisdictional requirements
for dissolution of marriage. (2)
Irreconcilable differences have caused the
irremediable breakdown of the marriage and the
marriage should be dissolved. (3) There are no
children of the relationship of the parties born
before or during the marriage or adopted by the
parties during the marriage, and the wife, to her
knowledge, is not pregnant. (4) The marriage
is not more than five years in duration at the
time the petition is filed. (5) Neither party
has any interest in real property wherever situated,
with the exception of the lease of a residence
occupied by either party which satisfies the
following requirements: (A) The lease does not
include an option to purchase. (B) The lease
terminates within one year from the date of the
filing of the petition. (6) There are no
unpaid obligations in excess of five thousand
dollars ($5,000) incurred by either or both of the
parties after the date of their marriage, excluding
the amount of any unpaid obligation with respect to
an automobile. (7) The total fair market value
of community property assets, excluding all
encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than
thirty-three thousand dollars ($33,000), and neither
party has separate property assets, excluding all
encumbrances and automobiles, in excess of
thirty-three thousand dollars ($33,000). (8)
The parties have executed an agreement setting forth
the division of assets and the assumption of
liabilities of the community, and have executed any
documents, title certificates, bills of sale, or
other evidence of transfer necessary to effectuate
the agreement. (9) The parties waive any
rights to spousal support. (10) The parties,
upon entry of the judgment of dissolution of
marriage, irrevocably waive their respective rights
to appeal and their rights to move for a new trial.
(11) The parties have read and understand the
summary dissolution brochure. (12) The parties
desire that the court dissolve the marriage.
[2400]
Information about Divorce in
District of Columbia
RESIDENCY REQUIREMENT:
No action for divorce or legal
separation shall be maintainable unless one of the
parties to the marriage has been a bona fide
resident of the District of Columbia for at least
six months next preceding the commencement of the
action. If a member of the armed forces of the
United States resides in the District of Columbia
for a continuous period of six months during his or
her period of military service, he or she shall be
deemed to reside in the District of Columbia for
purposes of this section only.
[16-902]
WAITING PERIOD:
None.
GROUNDS FOR DIVORCE:
A divorce from the bonds of
marriage may be granted if: (1) both parties to the
marriage have mutually and voluntarily lived
separate and apart without cohabitation for a period
of six (6) months next preceding the commencement of
the action; or, (2) both parties to the marriage
have lived separate and apart without cohabitation
for a period of one year next preceding the
commencement of the action. [16-904]
"QUICKIE" PROCESS:
None.
Information about Divorce in Florida
RESIDENCY REQUIREMENT:
To obtain a
dissolution of marriage, one of the parties to the
marriage must reside 6 months in the state before
the filing of the petition. [021]
WAITING PERIOD:
None.
GROUNDS FOR DIVORCE:
No judgment of dissolution of marriage shall be
granted unless one of the following facts appears,
which shall be pleaded generally: (a) The marriage
is irretrievably broken; or, (b) Mental incapacity
of one of the parties for a preceding period of at
least 3 years. [052]
"QUICKIE" PROCESS:
The parties to the dissolution may
file a petition for simplified dissolution if they
certify under oath that (1) there are no minor or
dependent children of the parties and the wife is
not now pregnant; (2) the parties have made a
satisfactory division of their property and have
agreed as to payment of their joint obligations; and
(3) the other facts set forth in Florida Family Law
Rules of Procedure. [105]
Information about
Divorce in Georgia
RESIDENCY REQUIREMENT:
No court shall grant a divorce to any person who
has not been a bona fide resident of this state for
six months before the filing of the petition for
divorce, provided that any person who has been a
resident of any United States army post or military
reservation within this state for one year next
preceding the filing of the petition may bring an
action for divorce in any county adjacent to the
United States army post or military reservation; and
provided, further, that a nonresident of this state
may file a petition for divorce, in the county of
residence of the respondent, against any person who
has been a resident of this state and of the county
in which the action is brought for a period of six
months prior to the filing of the petition.
[19-5-2]
WAITING PERIOD:
Under no circumstances shall the court grant a
divorce on based upon an allegation that a
marriage is irretrievably broken until not less than
30 days from the date of service on the respondent.
[19-5-3]
GROUNDS FOR DIVORCE:
The following grounds shall be sufficient to
authorize the granting of a total divorce:
(1) Intermarriage by persons within the prohibited
degrees of consanguinity or affinity; (2) Mental
incapacity at the time of the marriage;
(3) Impotency at the time of the marriage;
(4) Force, menace, duress, or fraud in obtaining the
marriage; (5) Pregnancy of the wife by a man other
than the husband, at the time of the marriage,
unknown to the husband; (6) Adultery in either of
the parties after marriage; (7) Willful and
continued desertion by either of the parties for the
term of one year; (8) The conviction of either party
for an offense involving moral turpitude, under
which he is sentenced to imprisonment in a penal
institution for a term of two years or longer;
(9) Habitual intoxication; (10) Cruel treatment,
which shall consist of the willful infliction of
pain, bodily or mental, upon the complaining party,
such as reasonably justifies apprehension of danger
to life, limb, or health; (11) Incurable mental
illness; (12) Habitual drug addiction; or, (13) The
marriage is irretrievably broken. [19-5-3]
"QUICKIE" PROCESS:
None.
Information about
Divorce in Illinois
RESIDENCY REQUIREMENT:
The court shall enter a judgment of dissolution of
marriage if at the time the action was commenced one
of the spouses was a resident of this State or was
stationed in this State while a member of the armed
services, and the residence or military presence had
been maintained for 90 days next preceding the
commencement of the action or the making of the
finding. [401]
WAITING PERIOD:
None--but note the time required for certain
grounds to accrue.
GROUNDS FOR DIVORCE:
Fault based--1) Without cause or provocation by the
petitioner: the respondent was at the time of such
marriage, and continues to be naturally impotent; or
2) the respondent had a wife or husband living at
the time of the marriage; or, 3) the respondent had
committed adultery subsequent to the marriage; or,
4) the respondent has willfully deserted or absented
himself or herself from the petitioner for the space
of one year, including any period during which
litigation may have pended between the spouses for
dissolution of marriage or legal separation; or, 5)
the respondent has been guilty of habitual
drunkenness for the space of 2 years; or, 6) the
respondent has been guilty of gross and confirmed
habits caused by the excessive use of addictive
drugs for the space of 2 years, or has attempted the
life of the other by poison or other means showing
malice, or has been guilty of extreme and repeated
physical or mental cruelty, or has been convicted of
a felony or other infamous crime; or the respondent
has infected the other with a sexually transmitted
disease.
No fault--The spouses have lived separate and apart
for a continuous period in excess of 2 years and
irreconcilable differences have caused the
irretrievable breakdown of the marriage and the
court determines that efforts at reconciliation have
failed or that future attempts at reconciliation
would be impracticable and not in the best interests
of the family. If the spouses have lived separate
and apart for a continuous period of not less than 6
months next preceding the entry of the judgment
dissolving the marriage, as evidenced by testimony
or affidavits of the spouses, the requirement of
living separate and apart for a continuous period in
excess of 2 years may be waived upon written
stipulation of both spouses filed with the court.
[401]
"QUICKIE" PROCESS:
The parties to a dissolution proceeding may file a
joint petition for simplified dissolution if they
certify that all of the following conditions exist
when the proceeding is commenced: (a) Neither party is
dependent on the other party for support or each party
is willing to waive the right to support; and the
parties understand that consultation with attorneys
may help them determine eligibility for spousal
support. (b) Either party has met the residency
requirement. (c) Irreconcilable differences have
caused the irretrievable breakdown of the marriage and
the parties have been separated 6 months or more and
efforts at reconciliation have failed or future
attempts at reconciliation would be impracticable and
not in the best interests of the family. (d) No
children were born of the relationship of the parties
or adopted by the parties during the marriage, and the
wife, to her knowledge, is not pregnant by the
husband. (e) The duration of the marriage does not
exceed 8 years. (f) Neither party has any interest in
real property. (g) The parties waive any rights to
maintenance. (h) The total fair market value of all
marital property, after deducting all encumbrances, is
less than $10,000, the combined gross annualized
income from all sources is less than $35,000, and
neither party has a gross annualized income from all
sources in excess of $20,000. (i) The parties have
disclosed to each other all assets and their tax
returns for all years of the marriage. (j) The parties
have executed a written agreement dividing all assets
in excess of $100 in value and allocating
responsibility for debts and liabilities between the
parties. [452]
Information about Divorce in
Indiana
RESIDENCY
REQUIREMENT:
At the time of the filing of a petition under section
4 of this chapter, at least one (1) of the parties
must have been a resident of Indiana; or, stationed at a United States military
installation within Indiana; for six (6) months
immediately preceding the filing of the petition.
At the time of the filing of a petition under
section 4 of this chapter, at least one (1) of the
parties must have been a resident of the county; or,
stationed at a United States military installation
within the county
where the petition is filed for three (3) months
immediately preceding the filing of the petition.
[31-15-2-6]
WAITING PERIOD:
A final hearing shall be
conducted not earlier than sixty (60) days after the
filing of the petition. [31-15-1-20]
GROUNDS FOR DIVORCE:
Dissolution of marriage shall be decreed upon a
finding by a court of one (1) of the following grounds
and no other ground: Irretrievable breakdown of
the marriage; Conviction of either of the parties,
subsequent to the marriage, of a felony; Impotence,
existing at the time of the marriage; or, Incurable insanity of either party for a
period of at least two (2) years. [31-15-2-3]
"QUICKIE" PROCESS:
At least sixty (60) days after
a petition is filed in an action for dissolution of
marriage the
court may enter a summary dissolution decree
without holding a final hearing if
there have been filed with the court verified
pleadings, signed by both parties, containing
a written waiver of final hearing and either
a statement that there are no
contested issues in the action
a written agreement that settles any
contested issues between the parties.
[31-15-2-13]
Information about
Divorce in Michigan
RESIDENCY REQUIREMENT:
A
judgment of divorce shall not be granted by a court
in this state in an action for divorce unless the
complainant or defendant has resided in this state
for 180 days immediately preceding the filing of the
complaint and, except as otherwise provided in
subsection (2), the complainant or defendant has
resided in the county in which the complaint is
filed for 10 days immediately preceding the filing
of the complaint. [552.9]
WAITING PERIOD:
The court
shall enter a judgment dissolving the bonds of
matrimony if evidence is presented in open court that
there has been a breakdown in the marriage
relationship to the extent that the objects of
matrimony have been destroyed and there remains no
reasonable likelihood that the marriage can be
preserved. [552.6]
GROUNDS FOR DIVORCE:
A
complaint for divorce may be filed in the circuit
court upon the allegation that there has been a
breakdown of the marriage relationship to the extent
that the objects of matrimony have been destroyed
and there remains no reasonable likelihood that the
marriage can be preserved. In the complaint
the plaintiff shall make no other explanation of the
grounds for divorce than by the use of the statutory
language. [552.6]
"QUICKIE" PROCESS:
None.
Information about Divorce in
Missouri
RESIDENCY
REQUIREMENT:
The court shall enter a judgment of dissolution of
marriage if the court finds that one of the parties
has been a resident of this state, or is a member of
the armed services who has been stationed in this
state, for ninety days immediately preceding the
commencement of the proceeding . [30.452.305]
WAITING PERIOD:
The court shall enter a judgment of dissolution of
marriage if the court finds that
thirty (30) days elapsed since the filing of the
petition. [30-452.305]
GROUNDS FOR DIVORCE:
The court shall enter a judgment of dissolution of
marriage if the court finds that there remains no
reasonable likelihood that the marriage can be
preserved and that therefore the marriage is
irretrievably broken. [30.452.305]
"QUICKIE" PROCESS:
None.
Information about Divorce in
New Jersey
RESIDENCY
REQUIREMENT:
Jurisdiction in actions for
divorce, either absolute or from bed and board, and in
actions for dissolution of a civil union or legal
separation from a partner in a civil union couple may
be acquired when process is served upon the defendant
as prescribed by the rules of the Supreme Court, and
1. When, at the time the cause of action arose, either
party was a bona fide resident of this State, and has
continued so to be down to the time of the
commencement of the action; except that no action for
absolute divorce or dissolution of a civil union shall
be commenced for any cause other than adultery, unless
one of the parties has been for the 1 year next
preceding the commencement of the action a bona fide
resident of this State; or
2. When, since the cause of action arose, either party
has become, and for at least 1 year next preceding the
commencement of the action has continued to be, a bona
fide resident of this State. [2A: 34-10]
WAITING PERIOD:
None; provided a statutory
ground is met.
GROUNDS FOR DIVORCE:
Divorce from the bond of matrimony may be adjudged for
the following causes heretofore or hereafter arising:
(a) Adultery; (b) Willful and continued
desertion for the term of 12 or more months, which may
be established by satisfactory proof that the parties
have ceased to cohabit as man and wife; (c) Extreme
cruelty, which is defined as including any physical or
mental cruelty which endangers the safety or health of
the plaintiff or makes it improper or unreasonable to
expect the plaintiff to continue to cohabit with the
defendant; provided that no complaint for divorce
shall be filed until after 3 months from the date of
the last act of cruelty complained of in the
complaint, but this provision shall not be held to
apply to any counterclaim; (d) Separation, provided
that the husband and wife have lived separate and
apart in different habitations for a period of at
least 18 or more consecutive months and there is no
reasonable prospect of reconciliation; provided,
further that after the 18-month period there shall be
a presumption that there is no reasonable prospect of
reconciliation; (e) Voluntarily induced addiction or
habituation to any narcotic drug as defined in the New
Jersey Controlled Dangerous Substances Act, P.L.1970,
c.226 or habitual drunkenness for a period of 12 or
more consecutive months subsequent to marriage and
next preceding the filing of the complaint; (f)
Institutionalization for mental illness for a period
of 24 or more consecutive months subsequent to
marriage and next preceding the filing of the
complaint; (g) Imprisonment of the defendant for 18 or
more consecutive months after marriage, provided that
where the action is not commenced until after the
defendant's release, the parties have not resumed
cohabitation following such imprisonment; (h) Deviant
sexual conduct voluntarily performed by the defendant
without the consent of the plaintiff; or,
(i)
Irreconcilable differences which have caused the
breakdown of the marriage for a period of six months
and which make it appear that the marriage should be
dissolved and that there is no reasonable prospect of
reconciliation. (NEW!) [2A:34-2]
"QUICKIE" PROCESS:
None.
Information about Divorce in New
York
RESIDENCY REQUIREMENT:
An action for divorce may be maintained
only when: 1) The parties were
married in the state and
either party is a resident thereof when the action is
commenced and has been a resident
for a continuous period of one year immediately
preceding; or, 2) The parties have
resided in this state as husband and wife and
either party is a resident thereof when the action is
commenced and has been a resident
for a continuous period of
one year immediately preceding; or, 3) The cause
occurred in the state and
either party has been a
resident thereof for a
continuous period of at least
one year immediately preceding the commencement
of the action; or, 4) The cause occurred in the state
and both parties are residents
thereof at the time of the commencement of the action;
or, 5) Either party has been a
resident of the state for a continuous period of at
least two years immediately preceding the
commencement of the action. [230]
WAITING PERIOD:
None--but note the time required for certain
grounds to accrue.
GROUNDS FOR DIVORCE:
(1) The cruel and inhuman
treatment of the plaintiff by the defendant such
that the conduct of the defendant so endangers the
physical or mental well being of the plaintiff as
renders it unsafe or improper for the plaintiff to
cohabit with the defendant. (2) The
abandonment of the plaintiff by the defendant for a
period of one or more years. (3) The confinement of
the defendant in prison for a period of three or
more consecutive years after the marriage of
plaintiff and defendant. (4) The commission of an
act of adultery. (5) The husband and wife have
lived apart pursuant to a decree or judgment of
separation for a period of one or more years after
the granting of such decree or judgment, and
satisfactory proof has been submitted by the
plaintiff that he or she has substantially performed
all the terms and conditions of such decree or
judgment. (6) The husband and wife have lived
separate and apart pursuant to a written agreement
of separation, subscribed by the parties thereto and
acknowledged or proved in the form required to
entitle a deed to be recorded, for a period of one
or more years after the execution of such agreement
and satisfactory proof has been submitted by the
plaintiff that he or she has substantially performed
all the terms and conditions of such agreement. Such
agreement shall be filed in the office of the clerk
of the county wherein either party resides. In lieu
of filing such agreement, either party to such
agreement may file a memorandum of such agreement,
which memorandum shall be similarly subscribed and
acknowledged or proved as was the agreement of
separation and shall contain the following
information: (a) the names and addresses of each of
the parties, (b) the date of marriage of the
parties, (c) the date of the agreement of separation
and (d) the date of this subscription and
acknowledgment or proof of such agreement of
separation. [170]
"QUICKIE" PROCESS:
None--except that grounds (5) or
(6) above result in a simplified divorce process.
Information
about Divorce in North Carolina
RESIDENCY
REQUIREMENT:
The plaintiff shall set forth in his or her
complaint that the complainant or defendant has been a
resident of the State of North Carolina for at least
six months next preceding the filing of the complaint.
[50-8]
WAITING PERIOD:
None.
GROUNDS FOR DIVORCE:
Marriages may be dissolved and the parties thereto
divorced from the bonds of matrimony on the
application of either party, if and when the husband
and wife have lived separate and apart for one year;
or, where a husband and wife have lived separate and
apart for three consecutive years, without
cohabitation, and are still so living separate and
apart by reason of the incurable insanity of one of
them, the court may grant a decree of absolute divorce
upon the petition of the sane spouse. [50-5/6]
"QUICKIE" PROCESS:
None.
Information about
Divorce in Ohio
RESIDENCY REQUIREMENT:
One of the spouses in an action for dissolution of
marriage shall have been a resident of the state for
at least six months immediately before filing the
petition. [3105.62]
WAITING PERIOD:
None for divorce. Not less than thirty nor
more than ninety days after the filing of a petition
for dissolution of marriage, both spouses shall appear
before the court and each spouse shall acknowledge
under oath that he has voluntarily entered into the
separation agreement appended to the petition, that he
is satisfied with its terms, and that he seeks
dissolution of the marriage. [3105.64]
GROUNDS FOR DIVORCE:
A divorce may be granted for the following
causes: (A) Either party had a husband or wife
living at the time of the marriage from which the
divorce is sought; or, (B) Willful absence of the
adverse party for one year; or, (C) Adultery; or,
(D) Extreme cruelty; or, (E) Fraudulent contract;
or, (F) Any gross neglect of duty; or, (G) Habitual
drunkenness; or, (H) Imprisonment of the adverse
party in a state or federal correctional institution
at the time of filing the complaint; or, (I)
Procurement of a divorce outside this state, by a
husband or wife, by virtue of which the party who
procured it is released from the obligations of the
marriage, while those obligations remain binding
upon the other party; or, (J) On the application of
either party, when husband and wife have, without
interruption for one year, lived separate and apart
without cohabitation; or, (K) Incompatibility,
unless denied by either party.
"QUICKIE" PROCESS:
If the parties agree to the divorce and execute a
settlement agreement; then, the parties may seek
"dissolution of marriage" via a less adversarial
process. [3105.01]
Information about Divorce in Pennsylvania
RESIDENCY REQUIREMENT:
No spouse is entitled to commence an action for
divorce unless at least one of the parties has been
a bona fide resident in this Commonwealth for at
least six months immediately previous to the
commencement of the action. [3104]
WAITING PERIOD:
In the case of a divorce by mutual consent, the
court may grant a divorce where it is alleged that the
marriage is irretrievably broken and 90 days have
elapsed from the date of commencement of an action
under this part and an affidavit has been filed by
each of the parties evidencing that each of the
parties consents to the divorce.
GROUNDS FOR DIVORCE:
(a) Fault.--The court may grant a divorce to the
innocent and injured spouse whenever it is judged that
the other spouse has: 1) Committed willful and
malicious desertion, and absence from the habitation
of the injured and innocent spouse, without a
reasonable cause, for the period of one or more years;
or, 2) Committed adultery; or, 3) By cruel and
barbarous treatment, endangered the life or health of
the injured and innocent spouse; or, 4) Knowingly
entered into a bigamous marriage while a former
marriage is still subsisting; or, 5) Been sentenced to
imprisonment for a term of two or more years upon
conviction of having committed a crime; or, 6) Offered
such indignities to the innocent and injured spouse as
to render that spouse's condition intolerable and life
burdensome.
(b) Institutionalization.--The court may grant a
divorce from a spouse upon the ground that insanity or
serious mental disorder has resulted in confinement in
a mental institution for at least 18 months
immediately before the commencement of an action under
this part and where there is no reasonable prospect
that the spouse will be discharged from inpatient care
during the 18 months subsequent to the commencement of
the action.
(c) Mutual consent.--The court may grant a divorce
where it is alleged that the marriage is irretrievably
broken and 90 days have elapsed from the date of
commencement of an action under this part and an
affidavit has been filed by each of the parties
evidencing that each of the parties consents to the
divorce.
(d) Irretrievable breakdown.--The court may grant a
divorce where a complaint has been filed alleging that
the marriage is irretrievably broken and an affidavit
has been filed alleging that the parties have lived
separate and apart for a period of at least two years
and that the marriage is irretrievably broken and the
defendant either: (i) Does not deny the allegations
set forth in the affidavit; or, (ii) Denies one or
more of the allegations set forth in the affidavit
but, after notice and hearing, the court determines
that the parties have lived separate and apart for a
period of at least two years and that the marriage is
irretrievably broken. [3301]
"QUICKIE" PROCESS:
No hearing required in certain cases.--If grounds
for divorce alleged in the complaint or counterclaim
are established under subsection (c) or (d) above, the
court shall grant a divorce without requiring a
hearing on any other grounds. [3301]
Information about Divorce in
South Carolina
RESIDENCY REQUIREMENT:
In order to institute an action for divorce from
the bonds of matrimony the plaintiff must have
resided in this State at least one year prior to the
commencement of the action or, if the plaintiff is a
nonresident, the defendant must have so resided in
this State for this period; provided, that when both
parties are residents of the State when the action
is commenced, the plaintiff must have resided in
this State only three months prior to commencement
of the action. The terms 'residents' or
'resided' as used in this section as it applies to a
plaintiff or defendant stationed in this State on
active duty military service means a continuous
presence in this State for the period required
regardless of intent to permanently remain in South
Carolina. [20-3-30]
WAITING PERIOD:
No reference shall be had before two months after
the filing of the complaint in the office of the
Clerk of Court, nor shall a final decree be granted
before three months after such filing.
Provided, however, that when the plaintiff seeks
a divorce on the grounds of desertion or separation
for one year, the hearing may be held and the decree
issued after the responsive pleadings have been
filed or after the respondent has been adjudged to
be in default whichever occurs sooner.
[20-3-80]
GROUNDS FOR DIVORCE:
No divorce from the bonds of matrimony shall be
granted except upon one or more of the following
grounds, to wit: (1) Adultery; (2) Desertion for a
period of one year; (3) Physical cruelty; (4)
Habitual drunkenness; provided, that this ground
shall be construed to include habitual drunkenness
caused by the use of any narcotic drug; or (5) On
the application of either party if and when the
husband and wife have lived separate and apart
without cohabitation for a period of one year.
A plea of res judicata or of recrimination with
respect to any other provision of this section shall
not be a bar to either party obtaining a divorce on
this ground. [20-3-10]
"QUICKIE" PROCESS:
None.
Information
about Divorce in Tennessee
RESIDENCY
REQUIREMENT:
A divorce may be granted if the acts complained
of were committed while the plaintiff was a bona
fide resident of this state or if the acts
complained of were committed out of this state and
the plaintiff resided out of the state at the time,
if the plaintiff or the defendant has resided in
this state six (6) months next preceding the filing
of the complaint. For the purposes of this
section, any person in the armed services of the
United States, or the spouse of any such person, who
has been living in this state for a period of not
less than one (1) year shall be presumed to be a
resident of this state. [36-4-104]
WAITING PERIOD:
Bills for divorce on the ground of irreconcilable
differences must have been on file for sixty (60)
days before being heard if the parties have no
unmarried child under eighteen (18) years of age,
and must have been on file at least ninety (90) days
before being heard if the parties have an unmarried
child under eighteen (18) years of age. The
sixty-day or ninety-day period bills for divorce
that must be on file shall commence on the date the
original bill was filed and not on the date the bill
was amended to include the ground of irreconcilable
differences. [36-4-103]
GROUNDS FOR DIVORCE:
The following are causes of divorce from the bonds
of matrimony: (1) Either party, at the time of
the contract, was and still is naturally impotent and
incapable of procreation; (2) Either party has
knowingly entered into a second marriage, in violation
of a previous marriage, still subsisting; (3) Either
party has committed adultery; (4) Willful or malicious
desertion or absence of either party, without a
reasonable cause, for one (1) whole year; (5) Being
convicted of any crime that, by the laws of the state,
renders the party infamous; (6) Being convicted of a
crime that, by the laws of the state, is declared to
be a felony, and sentenced to confinement in the
penitentiary; (7) Either party has attempted the life
of the other, by poison or any other means showing
malice; (8) Refusal, on the part of a spouse, to
remove with that person's spouse to this state,
without a reasonable cause, and being willfully absent
from the spouse residing in Tennessee for two (2)
years; (9) The woman was pregnant at the time of the
marriage, by another person, without the knowledge of
the husband; (10) Habitual drunkenness or abuse of
narcotic drugs of either party, when the spouse has
contracted either such habit after marriage; (11) The
husband or wife is guilty of such cruel and inhuman
treatment or conduct towards the spouse as renders
cohabitation unsafe and improper, which may also be
referred to in pleadings as inappropriate marital
conduct; (12) The husband or wife has offered such
indignities to the spouse's person as to render the
spouse's position intolerable, and thereby forced the
spouse to withdraw; (13) The husband or wife has
abandoned the spouse or turned the spouse out of doors
for no just cause, and has refused or neglected to
provide for the spouse while having the ability to so
provide; (14) Irreconcilable differences between the
parties; and (15) For a continuous period of two (2)
or more years that commenced prior to or after April
18, 1985, both parties have lived in separate
residences, have not cohabited as man and wife during
such period, and there are no minor children of the
parties. [36-4-101]
"QUICKIE" PROCESS:
If the divorce is based upon irreconcilable
differences; then, the defendant may enter into a
written notarized marital dissolution agreement with
plaintiff that makes specific reference to a pending
divorce by a court and docket number, or states that the
defendant is aware that one will be filed in this state
and that the defendant waives further service and waives
filing an answer to the complaint. [36-4-103]
Information about Divorce in Texas
RESIDENCY REQUIREMENT:
A suit for divorce may not be
maintained in this state unless at the time the suit
is filed either the petitioner or the respondent has
been: (1) a domiciliary of this state for the
preceding six-month period; and (2) a resident of
the county in which the suit is filed for the
preceding 90-day period. [6.301]
WAITING PERIOD:
The court may not grant a divorce before the 60th
day after the date the suit was filed. [6.702]
GROUNDS FOR DIVORCE:
On the petition of either party
to a marriage, the court may grant a divorce without
regard to fault if the marriage has become
insupportable because of discord or conflict of
personalities that destroys the legitimate ends of
the marital relationship and prevents any reasonable
expectation of reconciliation. The court may
grant a divorce in favor of one spouse if the other
spouse is guilty of cruel treatment toward the
complaining spouse of a nature that renders further
living together insupportable. The court may
grant a divorce in favor of one spouse if the other
spouse has committed adultery. The court may
grant a divorce in favor of one spouse if during the
marriage the other spouse: (1) has been convicted of
a felony; (2) has been imprisoned for at least one
year in the state penitentiary, a federal
penitentiary, or the penitentiary of another state;
and (3) has not been pardoned. (b) The court may not
grant a divorce under this section against a spouse
who was convicted on the testimony of the other
spouse. The court may grant a divorce in favor
of one spouse if the other spouse:
(1) left the complaining spouse with the intention
of abandonment; and (2) remained away for at least
one year. The court may grant a divorce in
favor of either spouse if the spouses have lived
apart without cohabitation for at least three years.
The court may grant a divorce in favor of one spouse
if at the time the suit is filed: (1) the other
spouse has been confined in a state mental hospital
or private mental hospital, as defined in Section
571.003, Health and Safety Code, in this state or
another state for at least three years; and (2) it
appears that the hospitalized spouse's mental
disorder is of such a degree and nature that
adjustment is unlikely or that, if adjustment
occurs, a relapse is probable. [6.001]
"QUICKIE" PROCESS:
None.
Information about Divorce in
Virginia
RESIDENCY
REQUIREMENT:
No suit for annulling a marriage or for divorce
shall be maintainable, unless one of the parties is
and has been an actual bona fide resident and
domiciliary of this Commonwealth for at least six
months preceding the commencement of the suit; nor
shall any suit for affirming a marriage be
maintainable, unless one of the parties be domiciled
in, and is and has been an actual bona fide resident
of this Commonwealth at the time of bringing such
suit.
For the purposes of this section only:
If a member of the armed forces of the United
States has been stationed or resided in this
Commonwealth and has lived for a period of six months
|