How to Divorce

More often than not, divorces feature tooth and nail fights between spouses who are out to hurt each other. While it can be a highly frustrating time in your life, you can make it easier on yourself by understanding what the whole process will entail and avoiding surprises.

We want to help you have some peace of mind and have put together some resources to help you get started on this journey.

It will not be an easy one, but with this guidance, it will be manageable.

Below you'll find extensive guides on how to divorce. We covered the divorce process in detail, provided you with alternatives, and described different situations you may face during your divorce.

Divorce Grounds

A divorce is a legal process, and it thus follows that you need to petition the court for you to get it finalized. The first step lies in deciding where you will file for divorce. Usually, couples choose to file the divorce petition in the state where they live, and you have to make sure you meet the state's residency requirements. Most states require that you be a resident for at least six months and prove that you have resided in the state this long.

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Filing for Divorce

Why do you want to file for divorce? Are you holding your spouse accountable for some faults during the marriage, e.g., adultery and physical abuse? You need to decide if you want to file a "fault" or "no-fault" divorce. Additionally, you need to consider who will have custody of your children, if any. Property division also comes into play at this point. If you do not have children or assets to consider, you can always get a summary divorce.

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Divorce Mediation

It's hard to remain friends with someone who's coming after your assets and children. However, there's always a better way to resolve your differences without going to court.

How? Alternative dispute resolution.

Nowadays, many divorcing couples are taking this route as it enables them to reach a settlement that works for everyone. By embracing a collaborative divorce process, you and your spouse can negotiate the divorce terms in an open dialogue. While you may not agree on some things, you can reach a compromise that preserves your relationship. It's imperative to remain on good terms where you are not the only parties to the divorce.

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Divorce Without a Lawyer

You can file for a divorce without a lawyer.

However, before doing so, you have to consider the kind of divorce you want. If you and your spouse have agreed on a no-fault divorce, you can file the paperwork without legal help. The processes will be fast and manageable even without outside help. With a 'fault' divorce, the plaintiff must provide evidence in court, and the defendant must provide defenses.

It takes time and requires legal expertise to come out on top of the trial. In such a case, going to trial without a lawyer would put you at a disadvantage.

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Alternatives to the Divorce

The divorce process does not have to be lengthy. You and your spouse can have a sit-down where you decide what you want out of the divorce. This way, you can go straight to filing, having agreed on the terms, and doing away with the need for a trial. If you cannot agree on the way forward, you can also try alternative dispute resolution methods. These include mediation and negotiation. As long as you can reach a settlement that favors both parties, it should be fine.

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Overseas Divorce

Given the intricacy of such a divorce, you are better off engaging an attorney who can handle such legal matters. To get the right person for the job, contact the Consulate or the US Embassy and get a list of attorneys who handle such cases. They can then navigate the US laws and whatever is applicable in your spouse's country and decide the best way forward.

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Same-Sex Divorce

Did you know that same-sex spouses had trouble getting divorced until the Obergefell v. Hodges case, which made headlines in 2015?

Now that same-sex couples can marry, they can also divorce even in states where they are not residents. However, the residency question differs from one state to the other. Check our guide to learn more about same-sex divorce.

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Cost of the Divorce

The cost of the divorce is not standard as it depends on what's at stake, what dispute resolution methods you use, the divorce option chosen (fault vs. no-fault), the legal fees, and other such factors. If you and your partner can agree outside the court without involving experts, you will spend less time and money. However, if you go for an all-out divorce, you can expect to rack up the costs.

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Everything you should know about getting divorced

July 2, 2021
What is Legal Custody?
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June 30, 2021
What Is Physical Custody?
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How to Divorce a Person Out of the Country
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June 29, 2021
Child Visitation
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June 27, 2021
The Different Types of Child Custody
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June 26, 2021
How Long Do You Have to Be Married to Get Alimony
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June 26, 2021
How to Modify Child Custody Order?
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June 17, 2021
Military Child Custody

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June 17, 2021
How Much Does Divorce Mediation Cost?

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June 17, 2021
How to Prepare For Divorce Mediation

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June 6, 2021
How Long Does Divorce Mediation Take

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June 6, 2021
Child Support for Military Service Members

When Child Support Is Necessary Child support is a concern that has to be dealt with whenever a marriage that...

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June 4, 2021
Divorce Checklist: What You Need to Prepare for Divorce
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May 30, 2021
Preparing for Divorce: What to Do When Getting a Divorce

It might surprise you that divorces are much more complicated than you may think. Right now, your focus may be...

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May 30, 2021
How to Get a Divorce Without Going to Court

Do you have to appear in court before you can conclude divorce proceedings? In some states, you could be required...

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May 25, 2021
How to Avoid Paying Spousal Support
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May 25, 2021
How Much Does an Uncontested Divorce Cost?
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May 21, 2021
How Long Does an Uncontested Divorce Take
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May 21, 2021
Collaborative Divorce

Divorces are never easy. Not only do they take a toll on the emotional wellbeing of the couple, but they...

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May 21, 2021
Does it Matter Who Files for Divorce First?
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