How to Determine Grounds for Divorce
Determine which state you should file for divorce in and what grounds are available in that state., Decide if a no-fault divorce is most appropriate, before investigating fault grounds., Narrow the list of fault grounds down to only those that are...
Step-by-Step Guide
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Step 1: Determine which state you should file for divorce in and what grounds are available in that state.
All 50 states, and many counties, require that one or both parties have resided in the county and/or state for a certain period prior to filing for divorce.
Contact your local clerk’s office to determine what grounds are available in your state and what the residency requirements are. -
Step 2: Decide if a no-fault divorce is most appropriate
Some things to consider in making this decision are:
Divorces are a matter of public record and a no-fault divorce blames neither party for causing the breakdown of the marriage.
The grounds for a no-fault divorce are that the parties can no longer live together as husband and wife.
Some states call this an irretrievable break down of the marriage and others call it irreconcilable differences or incompatibility.
No matter what it is called, this ground does not imply that either party is at fault or has done anything wrong, and no one must prove that anyone is at fault.
Some states allow a divorcing party who proves the other at fault for the divorce a greater share of the assets and a lesser share of the debt.
Others do not.
Consult an attorney or check with your local clerk’s office to determine what the law is in your state.
Some states require a legal separation period before a no-fault divorce will be granted.
This separation period can be anywhere from six months to three years.
Keep in mind, that a fault divorce may take thirty days to well over two years, depending upon what issues are in dispute.
The requirements for the separation period vary from state to state and can include simply stating in open Court, under oath, that you and your spouse have lived in separate homes, may require a legal separation through the Court, or anything in between.
During a legal separation, any debts incurred, or property obtained by either party, is that parties’ sole and separate debt or asset and will not be considered a marital asset for purposes of property division.
Check with your local Clerk’s office or your attorney to determine what the separation requirements are in your state.
Fault grounds for divorce must be proven in Court.
This means you will have to present witnesses and documentary evidence of your grounds.
If your grounds may be hard to prove or doing so in Court will be too stressful and emotional for you, you may want to choose a no-fault divorce. , Eliminate any that are not true.
A divorce petition must be signed under oath, meaning you are swearing that everything in it is true, and if it is not, you may be charged with the crime of perjury. , To do this, consider the following, while keeping in mind that fault grounds for divorce must be proven in Court, unless your spouse is willing to agree to the ground.
The standard of proof in a divorce is a preponderance of the evidence.
In layman’s terms, this means that a reasonable person would believe it to be true after considering all of the evidence.
If any ground would be too difficult to prove to this standard, you may wish to eliminate it.
A battle in Court over an emotional issue may be stressful.
If you feel that you are not up for the confrontation a specific ground will involve, you may wish to simply eliminate it as an option.
Some grounds do not allow for a better settlement.
If your goal for seeking a fault instead of a no-fault divorce is to be awarded a better settlement, you may wish to consult with an attorney or your local clerk to determine which grounds, if any, in your state, allow for one, and eliminate any that do not.
Even if your spouse is willing to agree to the ground so that a public Court hearing is not required to prove it, a divorce and its grounds are public record. -
Step 3: before investigating fault grounds.
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Step 4: Narrow the list of fault grounds down to only those that are available to you in your specific situation.
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Step 5: Determine the final ground(s) for divorce by eliminating any remaining grounds that do not make sense in your specific situation.
Detailed Guide
All 50 states, and many counties, require that one or both parties have resided in the county and/or state for a certain period prior to filing for divorce.
Contact your local clerk’s office to determine what grounds are available in your state and what the residency requirements are.
Some things to consider in making this decision are:
Divorces are a matter of public record and a no-fault divorce blames neither party for causing the breakdown of the marriage.
The grounds for a no-fault divorce are that the parties can no longer live together as husband and wife.
Some states call this an irretrievable break down of the marriage and others call it irreconcilable differences or incompatibility.
No matter what it is called, this ground does not imply that either party is at fault or has done anything wrong, and no one must prove that anyone is at fault.
Some states allow a divorcing party who proves the other at fault for the divorce a greater share of the assets and a lesser share of the debt.
Others do not.
Consult an attorney or check with your local clerk’s office to determine what the law is in your state.
Some states require a legal separation period before a no-fault divorce will be granted.
This separation period can be anywhere from six months to three years.
Keep in mind, that a fault divorce may take thirty days to well over two years, depending upon what issues are in dispute.
The requirements for the separation period vary from state to state and can include simply stating in open Court, under oath, that you and your spouse have lived in separate homes, may require a legal separation through the Court, or anything in between.
During a legal separation, any debts incurred, or property obtained by either party, is that parties’ sole and separate debt or asset and will not be considered a marital asset for purposes of property division.
Check with your local Clerk’s office or your attorney to determine what the separation requirements are in your state.
Fault grounds for divorce must be proven in Court.
This means you will have to present witnesses and documentary evidence of your grounds.
If your grounds may be hard to prove or doing so in Court will be too stressful and emotional for you, you may want to choose a no-fault divorce. , Eliminate any that are not true.
A divorce petition must be signed under oath, meaning you are swearing that everything in it is true, and if it is not, you may be charged with the crime of perjury. , To do this, consider the following, while keeping in mind that fault grounds for divorce must be proven in Court, unless your spouse is willing to agree to the ground.
The standard of proof in a divorce is a preponderance of the evidence.
In layman’s terms, this means that a reasonable person would believe it to be true after considering all of the evidence.
If any ground would be too difficult to prove to this standard, you may wish to eliminate it.
A battle in Court over an emotional issue may be stressful.
If you feel that you are not up for the confrontation a specific ground will involve, you may wish to simply eliminate it as an option.
Some grounds do not allow for a better settlement.
If your goal for seeking a fault instead of a no-fault divorce is to be awarded a better settlement, you may wish to consult with an attorney or your local clerk to determine which grounds, if any, in your state, allow for one, and eliminate any that do not.
Even if your spouse is willing to agree to the ground so that a public Court hearing is not required to prove it, a divorce and its grounds are public record.
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Paul Adams
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