Divorce law is written by each state. The conditions for receiving a divorce vary, based on your state's requirements for residency, the amount of time you must be married before filing for divorce, and the fulfillment of any mandatory separation period. Most states will grant temporary court orders for child custody and visitation rights during the period when a divorce is being finalized, if you and your spouse can't agree on these issues outside of court.
The Process of Divorce
The process of divorce begins with the paperwork. Once they've decided to divorce, a couple can file paperwork with their local circuit court either jointly or singly. If only one spouse files paperwork, the other must be provided with copies of the documents before the hearing can be scheduled. Once all paperwork has been filed and temporary court orders received, the couple can proceed to the final hearing. At this hearing, the judge will issue a Judgment of Divorce and rule on the division of marital assets, child custody and child or spousal support.
Divorce Versus Legalized Separation
For some couples, religious or moral beliefs make divorce an unthinkable option. Legalized separation offers many of the same benefits as a divorce. Although the couple remains legally married and gives up the right to remarry, the court will hand down a verdict on child custody, visitation rights, child or spousal support, and division of marital assets.
Fault Versus No-Fault Divorce
You may have heard the term "no-fault" divorce. Most states have adopted this law, meaning neither spouse needs to show evidence that the other committed adultery or other reprehensible behavior in order to get a divorce. No-fault states allow couples to divorce for simple reasons, such as incompatibility or already having lived apart for a specified period of time. If you are in a "fault" state, you may be able to avoid your state's waiting period for a divorce by showing proof of your spouse's infidelity or abandonment. In both fault and no-fault states, proof of infidelity, abandonment or cruelty doesn't guarantee favorable judgments in terms of spousal support or child custody.
Arrangements for Children and Property
In almost all cases, the courts prefer divorcing spouses to agree on the division of property and any child-related custody issues outside of court. Spouses and their attorneys are encouraged to work out these details and sign a written agreement before filing for divorce. This agreement can then be approved by the court and included in the final judgment. If couples can't agree on these issues, the final hearing may be postponed while the judge investigates and decides how to split up property and child custody.
Quickie Divorces
So-called "quickie" divorces are not available in the United States. Spouses must always fulfill a state's residency and separation requirements before filing, even if they agree on all issues pertaining to division of assets. The Dominican Republic, however, grants nonresidents divorces in an 8- to 10-day period. In a divorce by mutual consent, only one spouse needs to appear before a court in the Dominican Republic. As long as that spouse comes prepared with the necessary documentation specified by the United States Embassy's website, the divorce proceedings can be set in motion. If you're getting a Dominican divorce, you should hire both a Dominican lawyer and an American lawyer to ensure any specific state laws relative to foreign divorces are fulfilled.
