Starting the Divorce Process
The first step in the divorce process involves contemplating your personal circumstances and deciding that divorce is the best course of action. Understand that divorce is inherently adversarial, often positioning spouse against spouse. However, awareness of your options can simplify the process and make it less daunting. This article is designed to help you understand the different types of divorce and how to initiate the process.
Summary Divorce
Summary divorce, recognized in some states, is a streamlined process that can be faster and more affordable than traditional divorce. In some states, a court appearance may not even be required; instead, filing specific documents with the court is sufficient. However, to qualify for a summary divorce, you generally must be married for a relatively short period, have no children, and possess limited property interests. Both spouses typically have to forgo any rights to spousal support and must not have any significant disagreements regarding the marriage dissolution. Keep in mind, not all states offer summary divorce. For instance, New York does not provide this option.
Uncontested Divorce
If a summary divorce isn't an option, you might consider an uncontested divorce, available if you and your spouse agree on all major divorce issues such as child custody, property division, and spousal or child support. Similar to a summary divorce, an uncontested divorce typically involves streamlined paperwork detailing property, child custody arrangements, the grounds for divorce, and any agreed-upon terms. If your spouse agrees to the uncontested divorce or fails to make an appearance, the court can grant the divorce.
No Fault and Fault Divorce
For complex divorce scenarios, all states recognize no-fault divorce, and many acknowledge fault-based divorce. In a no-fault divorce, you don't need to prove any fault on your spouse's part. Different states have various requirements for filing a no-fault divorce, such as residency requirements and mandatory separation periods. For instance, in Virginia, spouses must live separately for a year before divorcing, but if there are no minor children and a separation agreement is in place, the separation period can be reduced to six months.
Fault divorces are less common and not recognized in all states, like California, which is a purely no-fault state. In a fault divorce, the spouse requesting the divorce does so based on the other spouse's fault, such as adultery, abandonment, or domestic violence. A significant advantage of a fault-based divorce is the ability to file immediately, without a mandated waiting period.
Where to File for Divorce
State courts oversee divorce proceedings, and you need to file an initial document, known as a divorce "petition" or "complaint," with the appropriate court. Some states have specific family court divisions where you file your petition, while others lack such divisions, and you'll file in the main civil division of the court. Note that most states have a residency requirement for filing for divorce in their court system.
Filing and Serving the Divorce Petition
The divorce petition is a legal document filed with the court that signifies the initiation of the divorce process. The petition informs the court about your intention to end the marriage. After filing, the divorce petition must be served to your spouse, notifying them about the commencement of the divorce process. The requirements and formats for a divorce petition vary across states, but typically include the type of divorce sought, information about the marriage, number of children, grounds for divorce, and a request or declaration on how to settle finances, property division, child custody, and other divorce-related issues.
Consulting an Attorney
If you're considering divorce and require advice on the type of divorce to pursue or the process to file for divorce, it's advisable to consult a family law attorney. Divorce can be complicated, especially when dealing with finances and the welfare of children.