Where to Get a Divorce
The best divorces are those that are uncontested and both spouses are agreeable to the terms of the divorce. These divorces usually go a lot more smoothly and quickly. While they are not unheard of, of course, they rarely happen.
Factors that you may want to think about before filing for a divorce include requirements for alimony, child support and visitation rights, residency requirements, the waiting period before a divorce can be finalized, and whether or not your state offers fault or no fault divorces. All of these are important issues that will establish how the termination of your marriage will advance.
Every state has different rules when it comes to awarding alimony, dividing up the property, and deciding who gets full custody and visitation of the children. Depending on your own situation, some states could be better for you to be granted a divorce in than others.
To begin with, you can count on divorces taking quite a bit of time if you have joint property between you or if you have children. For the most part, however, you can count on being single once again in just a few months. Nevada might have the quickest turnaround time because not only does it offer fast marriages, but it claims to offer fast divorces as well. After you have satisfied its residency requirements, you can have your divorce in as little as 48 hours.
Of course, in order to be granted a divorce in Nevada, you must be a resident there for at least six weeks. Still, this is a short amount of time compared to other states that require anywhere from six months to a year of residency before you can file for divorce in them.
Alaska is the one exception. You can file as soon as you land in Alaska, although it will still take at least a month before the paperwork goes through and you can consider yourself divorced.
Are there other things that make it better to get a divorce in Nevada in addition to the fast times? Maybe. Some states, such as Virginia, New York, and South Carolina, won?t simply accept ?incompatibility? as grounds for a divorce. So if you?re simply breaking up because you are incompatible then you might want to go elsewhere.
Of course, speed isn?t always a factor in divorces, either. If there is property or children involved then the divorce will decidedly become more complicated. There are 9 ?community property? states that include Texas, Arizona, California, New Mexico, Nevada, Idaho, Wisconsin, Washington, and Louisiana. So if you?re a wealthy person and you don?t want to have to share everything and you live in Houston, Texas, then you might want to consider hiring a really good attorney or go to another state entirely that divides property by the equitable-distribution method.
Wealthy people that have a lot of property in New Jersey, New York, or Connecticut are often advised to seek divorces in New York because judges seem to be more lenient when it comes to the breadwinners of the family.
You will usually find that your inheritances and gifts are safe, except in the 12 states that include these as part of the entire package. So which 12 states should you steer clear of if you have money from an inheritance and you don?t want it thrown into the pot with everything else? These states include Georgia, Hawaii, and Connecticut as the top three.
It wasn?t that long ago that a divorce could only be granted for a particular fault-based reason like adultery or mental cruelty. However, most states allow "no-fault" divorces, where the spouse who is asking for a divorce does not have to prove that their partner committed some form of marital transgression. This, within itself, helps makes divorce a little less convoluted. In any case, it is always best to seek professional legal advice, particularly if children are involved.
When dividing up property and other things, most of the states in the country still consider fault as grounds for who gets what. If you don?t want to get stuck paying alimony, then head to Texas. Why? Because there is no alimony there. So if you live in Houston, Texas and you don?t want to pay your wife any alimony then you might just want to stay there.
Of course, if you do live in a state that awards alimony, but not to spouses that cheated on their other half, then you will be fine in North Carolina, Virginia, Georgia, and Louisiana. They might have had an affair, but they won?t get any alimony from you.
If you supported your partner while they were getting a professional degree, such as a medical degree, then you might be pleased to learn that 15 states consider the degree and ensuing licenses are part of the marital property when they are dividing things up and deciding support.
Property aside, children are really the biggest issue for couples that have them. At least, they should be considered more important than the bank accounts and antique furniture. As of right now, most states will garnish wages to make sure that child support is paid. Of course, some people still try to find ways of getting around these rules until the child is 18. In New Jersey, however, the supporting spouse is obligated to even provide for the child once they go to college as well.