A divorce dissolves a legal marriage and returns both parties to single status. The specifics about how to go about getting divorced vary widely by state and thus may play a role on where you choose to file if you or your spouse have moved or live in different states. You can consult your state’s latest version of divorce statutes on an official website updated by state legislature staff, via a reputable third-party legal information provider or bound volumes in a state law library.
Types
U.S. courts recognize two types of divorce: absolute divorce and limited divorce, notes the Cornell University Law School’s Legal Information Institute. Limited divorce is popularly known as a “separation decree” or “legal separation.” An absolute divorce ends a marriage. A limited divorce ends the right to cohabit and orders financial support and child custody arrangements yet does not terminate the marriage. Some states also provide for conversion divorce, which transforms a legal separation into a divorce after a period of time, the Cornell institute notes.
Geography
Although the U.S. Constitution does not provide for a legal right to divorce, states permit divorce in the interests of public policy. Divorce laws vary by state, with some requiring a cooling-off period after legal separation before the complaining spouse can start divorce proceedings. States publish their divorce requirements as part of family law codes, updating the code online and in state law libraries after legislative changes.
Considerations
States vary in whether they permit no fault, which does not require showing spousal misconduct, as the sole ground for divorce or whether they provide no-fault and divorce based on fault finding of unsavory acts, such as adultery.
Effects
Courts recognize marital property that the spouses acquire jointly or separately during the marriage and as well as separate property owned before the marriage. Property division varies by jurisdiction, with California and nine other states adopting the community property standard, according to Family Law Quarterly, where all property acquired during the marriage except by gift or inheritance is jointly held. State law also controls whether courts when dividing property may take into consideration factors that include a spouse’s non-monetary contributions as a parent and homemaker, the duration of the marriage, the age and health of the parties, and marital misconduct.
Time Frame
To pick a venue to file for divorce, you need to establish residency for a set length of time, which varies from state to state. Alaska has no length of residency requirement, according to Family Law Quarterly, and other states, including Arkansas, Kansas and Wyoming, require 60 days as of June 2010. Some states require you be a resident for a full year, including Connecticut, Iowa, Maryland, Nebraska, New Jersey, New York, Rhode Island, South Carolina and West Virginia. You also need to live apart from your spouse for a set length of time, ranging from six months in Delaware to five years in Idaho.
