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Wow!  I can't believe child support and a parenting schedule were included for this ultra-low price.  Thanks DYS!
--Houston, TX

In a word--fantastic!  Didn't need the attorney assistance but loved the option.  Great service!
--Los Angeles, CA

The simplified divorce was really simple.  Just followed the step-by-step instructions--now I'm free!
--Tampa Bay, FL

 
Online Divorce Service at DivorcesYourself.com
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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

Alabama Arizona California District of Columbia
Florida Georgia Illinois Indiana
Michigan Missouri New Jersey New York
North Carolina Ohio Pennsylvania South Carolina
Texas Tennessee Virginia Washington

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