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Not all states follow the same rules when it comes to filing for a divorce. Some states have deadlines as to when the divorce information needs to be submitted. Other states have different laws for child custody and assets. You must be aware of the laws that are required in your state regarding divorce. Here are a few of the more well-known laws that vary throughout the states.
Basis of the Divorce
What are your reasons for divorcing your spouse? The reasons can vary, and some divorces take place despite the different residency requirements for divorce in each state. However, the grounds for a divorce must be acceptable and applicable with the laws in your state. Some states allow for individuals to divorce based on irreconcilable differences. This means that the couple can no longer be together since they see things differently. Other states, on the other hand, require that there be a fault with a spouse in order to separate.
Separate Before the Divorce
When divorce is imminent, couples tend to separate before filing for divorce. Separation can sometimes ease the tension between couples, which can lead to reconciliation between them. But if there is no reconciliation, then the only option is to divorce. While some states have no preference as to the couple’s living situation, others may be different.
Some states want to see if the couple has already separated. This will allow them to see if divorce is necessary and can be filed. You may have to be living separately for up to a year before your divorce proceedings can take place.
This law applies to filing for divorce in another state; but in order for the divorce to be filed according to the rules, the spouse serving in the military must be stationed at a particular base for six months. If they are consistently stationed about, you may have to consent to the state where they have a primary residence. Remember that your lawyer must be cross-licensed in different states. Otherwise, you will need to get a legal representative that practices in the particular state.
Child Custody Laws
These laws vary widely and are established by each state for the best interest of the child. The child custody laws affect visitation rights and modification of child support. In some states, the parents are allowed to have physical custody or full custody, in order to relocate despite how far the child may be. Other changes may be modified, depending on the parent’s living environment or parenting style of the child. Be sure to check out with your state about what is allowed and what is not.
Divorce involves complicated process, controversial issues, and legal negotiations. While you let your lawyer to handle your case, it is also essential to equip yourself with the legal requirements to protect your interests and deal with the process easier.