As you contemplate filing for divorce, you certainly find yourself with a variety of questions on your mind. Most people considering a divorce do have many of the same questions. Obtaining a basic understanding of divorce law and proceedings is helpful before you actually embark on seeking a termination of your marriage.
What Document Is Required to File for Divorce?
All U.S. jurisdictions require essentially the same document to file for divorce, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. This document bears different names or titles, depending on where you reside. However, the purpose behind this paperwork is the same across the country
The primary document needed to file for divorce is called a petition or complaint. The petition or complaint is the basic document through which you request a court to terminate your marriage and to issue other orders as necessary to deal with issues, including those associated with financial matters and your children.
Is Filing for Divorce Expensive?
The fee associated with filing for divorce differs from one jurisdiction to another, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Generally speaking, you can expect to pay somewhere between $75 and $200 as a filing fee.
If you financially cannot pay the filing fee, all jurisdictions offer you the ability either to waive or delay payment of the charge. This is accomplished either by filing a motion to waive or delay payment of the filing fee, or filing what is known as an affidavit of poverty.
Is There a Residency Requirement?
In most jurisdictions in the United States, you need to satisfy two residency requirements. First, you need to be a resident of the state for a certain amount of time before filing. Second, you also need to be a resident of the county where you want to bring your case for a set amount of time. Alternatively, if you personally don't meet the residential requirements, your spouse can. You need to check the specific requirements of the residency requirements in your state. You can access divorce laws through the website maintained by your state's legislature.
Can My Spouse and I File Together?
Some states maintain special marriage dissolution proceedings for couples desiring to file an uncontested divorce, according to the American Bar Association Section of Family Law. In these states, you likely can file a joint petition or complaint for divorce. Keep in mind that even a divorce case that appears uncontested at the start can devolve into something altogether different as the case proceeds. Therefore, you must always be prepared to deal with contested issues if the situation between you and your spouse becomes acrimonious.
Do I Need a Lawyer?
No legal requirement exists that you must retain an attorney to file a divorce for you. Nonetheless, because of the complexity of divorce laws and the emotions involved in terminating a marriage, obtaining representation often is a wise decision. The American Bar Association provides resources through which you can connect with state and locally attorney organizations. These groups usually maintain directories of attorneys that represent clients in divorce cases.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
