Divorce is the legal term used when the couple opts out of their marriage and prefers to stay separately. You need to hire a lawyer who can help you with the legal proceedings and defend the case for you. The state rule for divorce is different and couples have to adhere to them.
One of the easiest ways to find about the legal proceeding in a state is by contacting a divorce attorney of that place.
If you are planning for the divorce, right away hire a lawyer and discuss your case with him/her. You can search on the internet to get the contact of the lawyer. Once you are satisfied with the lawyer’s review, you can arrange for initial consultation with the attorney.
Where can people file for divorce?
In order to file a divorce case in a state, you must first meet the residency requirement. Some of the criteria to be considered before filing the divorce are as follows -
- You or your spouse must live in the state where you are filing the case
- You should have stayed there at least for some period of time
The rules and regulations differ from one state to the other. Some states insist that the person, who is filing for divorce, must be the resident of that state for at least a year. There will not be much problem when you and your spouse are living in the same state. In case you both reside at different states, then it is quite important to choose the right state wherein you can file the case.
In such a situation, spouse must give consent to the divorce in that particular state. If the partner does not have any connection with the state, he/she will not be given consent of that jurisdiction. Obviously, the case cannot be served in that state.
If you don’t have much knowledge about the court proceeding, then you can take the help of a lawyer. You can also inquire about the divorce laws, child custody, child visitation, child support, alimony, and separation of marital property.
The divorce process for husband/wife who is staying out of state takes longer time. You might also have to file extra paperwork. For example, in Virginia State you must satisfy any one of the reasons for getting divorce which are as follows –
- Your partner is a conviction of a felony
- Desertion by your spouse without any valid reason
- Physical cruelty
Likewise, every state in the United States has its own rules and regulations. They are just divided into two categories fault and no fault. In case of no fault divorce, you will get divorce only after six months of separation. It is necessary that you sign for a separation agreement.
Hiring a lawyer
If you are not in a position to attend the court proceedings, the lawyer from the other state can do that on your behalf. At the same time, check whether the lawyer has license to practice in that particular state. You will have to consider the travel expenses as well, as you might have to frequently travel there. However, it is your duty to look after the travel expenses of your lawyer as well.
Once you have obtained a divorce, your life has to move on. You can let the divorce attorney to look after the proceeding, because it is a stressful and tiring process. You can focus on your personal needs and future plans, without worrying too much about the divorce.
Kevin is a law student, and he is determined to have a law firm of his own one day. He also likes to write articles related to divorce Colorado lawyers and the services offered by them.