Most people applying for divorce for the first time face various problems. Without a legal education, it is difficult to understand the intricacies of laws, terminology, and the selection of the necessary forms.

In this article, we’ve compiled everything you need to know about family law, web divorce, filing for divorce, and resolving issues before going to court.

Residency Requirements

Before getting a divorce, the spouses must fulfill the residency requirement. The length of residence may vary depending on which state the petitioner files for divorce. However, it is usually from six to twelve months. If the spouses want to divorce because they have been living separately for a long time, the requirement may be supplemented by a one-year or two-year separation.

Grounds for Divorce

To file for divorce, spouses need to point out the reasons. Many states in the US allow both fault and no-fault divorces. If the petitioner files for a no-fault divorce, they need to indicate that the marriage broke up due to irreconcilable differences, and reconciliation is impossible now or in the future. According to the professionals at The Goldberg Legal Group, divorce can not only be stressful but also overwhelming. This is why seeking help from experienced professionals who are well-versed with related laws can help you navigate the entire process without any hassle.

If the petitioner points out that the marriage broke up due to the respondent’s fault, many additional procedures will entail. The spouse has to provide evidence of the fault in court. It can be photographs, mail letters, testimonies from witnesses, and so on. It takes the judge some time to check the materials provided, and because of this, the court may schedule several additional proceedings.

The fault grounds for divorce include:

• Adultery;
• Abandonment;
• Cruelty;
• Criminal conviction;
• Drug abuse;
• Impotency; and
• Mental illness.

Acceptable reasons for divorce may differ from state to state.

Many people choose dissolution of marriage without fault, as it allows couples to avoid uncomfortable questions in court and reduce the cost of divorce.

Uncontested Divorce and DIY Divorce

If the spouses want to get a divorce as soon as possible, they should agree on all issues related to their marriage and breakup. This is called an uncontested divorce. If a couple still has disagreements but does not want to go to court, they can hire a mediator who would help compromise on all issues of concern.

An uncontested divorce makes it possible for a couple to have a do-it-yourself divorce. DIY divorce means that spouses defend their interests in court without an attorney and prepare the paperwork on their own.

Preparation of Divorce Papers

Spouses can prepare documents with the help of lawyers, online divorce companies, or on their own. 

One of the most affordable and quickest ways to fill out forms is online divorce. In addition, divorce over the internet gives a 100% guarantee that the court will approve the documents, as they will be filled out correctly, so long as the petitioner has provided correct information.

When the petitioner has filed an application for divorce online, the software prepares a complete package of divorce forms online within two business days under the requirements of a particular state and the case specifics. The petitioner receives ready-to-print forms with a step-by-step guide on how to submit documents to the court.

Internet divorce has its advantages. First, this service is inexpensive compared to a lawyer, as lawyers usually charge a high hourly fee. Second, it is much simpler in comparison with self-preparation since you do not need to delve into terminology and understand the differences between forms.

File with the Court

After the spouses have prepared the documents, they must be submitted to the county clerk. It is recommended to call the clerk in advance to clarify whether the petitioner has prepared all the required documents and inquire about the filing fees. Fees may differ depending on the state and county.

After the fee is paid and the documents are sent to the court. Then there is a waiting period. Spouses can get a divorce only after this period has expired. The length varies by state.

Parental Responsibilities and Children’s Rights

When a couple has kids, the court will make decisions in the best interests of the children. Co-parents can have sole or joint child custody. The judge typically approves a joint parental plan, where child visitation, child support, and other upbringing-related issues are spelled out.

Every minor child has a right to receive child support. Parents can not refuse payments. Also, either of the parents, regardless of gender, has the right for the child to live with them.

Eligibility for Spousal Support

During the divorce process, one of the spouses may file a petition for the appointment of alimony, also known as spousal support or maintenance. These payments are needed to support the ex-spouse until they can support themselves similarly to during the marriage.

Alimony can be temporary or permanent. Temporary spousal support can last through the breakup or up to three years after the divorce. Permanent payments are paid until the ex-spouse gets married or dies.

Property Division Between Spouses

Division of property is one of the most challenging parts of a divorce. Among the primary factors that the court considers when divide the property is: 

• the duration of the marriage;
• the contribution of each spouse; 
• the health and financial capabilities of the spouses;
• the presence of personal property; 
• the prenuptial agreements;
• the fault of the divorce; and
• with whom the children will live.

Usually, property that was acquired before marriage, gifts, and inheritance can not be divided. However, spouses can independently agree on property division since the court decision does not always coincide with the spouses’ wishes.

Final Words

Divorce has many pitfalls that can not be avoided. If the spouses want their breakup to go faster and more smoothly, they should sit down and negotiate everything peacefully without battles in the courtroom.