Unfortunately, when a marriage breaks apart, the couple is left dealing with both an emotionally challenging time and the complexities of divorce. And those complexities start long before you have to hash out who gets what. They begin with the basic requirements even to file for a legal divorce.
Why is this so complicated? And how can you make it faster and easier? Here are some answers to your questions.
Why Is Being Granted a Divorce Complex?
The United States is a mish-mash of both federal laws which apply everywhere and individual state laws which apply only within their borders. Divorce is a state matter, and so each state gets to decide on its ground rules.
This leads to a wide range of different details. Some states require you to live apart, while others do not. Some require you to prove the other party's at fault, while other states dispense with fault entirely. You must generally have been a resident for a certain period of time.
Which Divorces Are Faster?
While each state is different, there are a few common ways to shorten and simplify your divorce process. The first is to have no children together. Many states which do require separation of spouses either waive this requirement or shorten it if you have no children in common.
Another key move is to file for an uncontested divorce. This means that you and your spouse agree on all aspects of the divorce petition that one party files. If you can work amicably with your spouse, come to these agreements before going to court. This way, you can speed through the system under the streamlined uncontested rules.
What About Other Exceptions?
Do your research on the rules in your specific state. In many states, there are loopholes you may be able to use in order to speed up your particular process. For instance, Kentucky couples may only get a divorce if they have lived apart for 60 days. But if you two have lived under the same roof without sexual intimacy, that time counts.
Finally, don't overlook the value of moving. If you and/or your spouse have thought about moving anyway, pre-divorce might be a good time. You could benefit by moving to a state (like Kentucky, as mentioned) with much looser residency requirements for divorce.
Where Should You Start?
It's frustrating to have to navigate complicated legal matters while trying to get a divorce. But a qualified family law attorney can help. Make an appointment today to learn how.
To find out more, contact a company like Tri Cities Law Group.