The Legal Requirements For Filing For A Divorce
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Residency Requirements
The spouse filing for dissolution of marriage must be a resident of the state and a resident of the county in which he or she is filing for at least three months prior to the filing.
Grounds For A Divorce
Many states have differences in what they allow and see as grounds for a divorce. We suggest taking a look at the specific
state divorce process and guidelines here before going forward.
The most common ground for dissolution of marriage is:
- Irreconcilable differences which have caused the irremediable breakdown of the marriage.
The other grounds for terminating a marriage require more evidence for the court, and are therefore seldom used, These other grounds include:
- Incurable insanity
- Petitioner's age at the time of the marriage
- A prior existing marriage
- Unsound mind
- Fraud
- Force
Child Custody
The mother and father of an unemancipated minor child are equally entitled to custody of the child. Custody may be granted jointly or individually without preference to either according to the best interests of the child.
In making a determination based on the best interests of the child the following are some of the factors that the court considers in a contested situation:
- Health, safety and welfare of the child
- Nature and amount of contact with both parents
- Child Support
Net income of both parents is considered in the computation of child support. Credit may be given for certain child related expenses, mandatory retirement expenses, and other special circumstances. Child support is almost always paid by way of wage assignment.
Venue
An action for divorce may be brought in the county in which either the petitioner or respondent resided for the three months preceding the commencement of the proceeding.
Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
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