Divorce Frequently Asked Questions
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When you plan to file for divorce there are several question that would fill your mind. Even though you may be sure that you want to terminate your marriage, but there would be several questions lingering your mind before you take a step further. Along with your divorce, you would need to deal with arrangement of child custody, separation of assets, settlement of divorce, etc. You might need to know about important things related to divorce such as grounds for a divorce, filing, settlement process, signing of papers, and final judgment and decree. Here, we have provided a list of divorce frequently asked questions that would cross your mind, when you plan to file for divorce.
The divorce frequently asked questions are mentioned as follows:
Questions about Grounds for Divorce
Q. What is the meaning of grounds of divorce?
A. Grounds of divorce are legally acceptable circumstances under which a divorce can be granted. Every state in the United States has specified divorce reasons. The divorce is accepted under any of the specified circumstances as per the state.
Q. Can absence of sexual relation be considered as a reason for divorce?
A. Unable to consummate a marriage is an acceptable reason for divorce in few states of America. Therefore, one has to check whether this reason is acceptable in the state where he or she intends to file the divorce papers.
Q. Is separation period compulsory in all the states?
A. Most states is America has a specified separation period of 6 to 18 months or more. While in few states, there is no specified separation period. Many states have provided the option for uncontested divorce, which helps the divorcing couple to save emotional and financial stress that they need to bear during divorce.
Q. Which are the most common grounds for divorce?
A. Irreconcilable differences and staying separately are the most common divorce reasons. Almost all the states accept these circumstances as the grounds for divorce. When the married couple has some major differences that cannot be resolved and the marriage has become meaningless, then irreconcilable differences are the acceptable circumstance for divorce. When the couple has stayed separately for a specified period as per the state law, then their divorce can be filed on the acceptable circumstance of separation.
Questions about Filing for Divorce are as follows:
The list of divorce frequently asked questions provided above are question related to different important steps of divorce. Divorce is a legal process, therefore, there would be list of question that you would like to think about. Along with divorce there arise questions about property division, child custody, state property rights, alimony, etc. If one partner has cheated on other, then what are the divorce steps to be taken by the other partner? You may even find it difficult to understand legal words or jargons such as official divorce date, the case has been dismissed, decree, binding financial agreement, consent to divorce, jurisdiction form, etc. Divorce is an important decision that should be taken after giving a thought to all the pros, cons, and all other questions related to divorce.
Q. What are the important documents related to divorce?
A.The important documents related to divorce are as follows:
- Complaint or petition
- Waiver, Appearance, and Consent form
- Form for child custody (if the divorcing partners have a child from this marriage)
- Decree or final judgment
- Certificate of divorce
Q. Is it possible to get a divorce in the absence of any notification to the spouse?
A. If the divorcing partner is unaware about the address of the partner and does not have any contact details of the partner then the divorcing partner has to take help of the lawyer and place for divorce after taking essential steps such as placing advertisements in the new paper.
Q. How are residency requirements related to divorce filing?
A. Most U.S. States have some residency requirement for submitting a divorce. If the divorcing partners are staying in different states or have recently shifted to a new state, then they need to be aware about the residency requirement of that particular state. Either one or both the divorcing partners should have resided in the state before filing of divorce is basic residency requirement of several states in the United States.
Q. In the United States, is divorce the province of federal government?
A. In the U.S.A., divorce is not the province of federal government but the state government.
Q. What is marital settlement agreement?
A. To complete no fault divorce proceedings one needs to submit marital settlement agreement. It is a legal document that specifies the divorcing partner's agreements and rights with reference to property, child custody, and support. In case of no fault divorce, this agreement needs to be signed by both the divorcing partners in front of the notary public witness.
Here are some more topics on divorce frequently asked question:
Frequently asked questions about signing the papers, decree and final judgment
Questions and answer about divorce process and settlement