Divorce Steps Differ by State and County

One of the most difficult parts of filing for divorce is learning how the divorce steps in your state affect your plans for a divorce filing. This is especially difficult for couples that may have recently moved to a new state, or even a new county within the same state or where one of the parties to the divorce moved to another state following the separation. The differences that occur among the states are good reasons to make sure you learn the divorce steps in the state and county where you make your home and will be filing the divorce. rnNot only are the divorce steps different through states and counties and municipalities within those states, but also each may have varying residency requirements. The residency requirements may differ under different circumstances. Some of the variations individual states may invoke include but are not limited to the following: • There may be a shorter residency requirement for those filing divorce when adultery is involved. • Some states have longer residency requirements when the cause of divorce is insanity. • Many states reduce the residency requirement to as low as thirty days for those stationed in the state due to military assignment. Others require the person to be stationed in the state for at least 180 days in order to be entitled to the lower residency requirement. • Many states have a waiting period of six months or more from the time of filing until the final decree is issued when a couple files under no-fault divorce provisions. • Some states require couples with children to attend special counseling classes before the court will even schedule their hearing. • Provisions for filing using a do-it-yourself divorce kit may vary.rnThere are likely to be many more changes among different states, counties and municipalities, so before you begin thinking you know all the divorce steps in the jurisdiction where you will be filing, you need to obtain legal advice. This doesn't mean you necessarily have to hire a divorce lawyer, but you at least need to talk to someone that is familiar with the divorce steps where you live and can help you through the process. This might be a paralegal, mediator or even a law student, but it is essential for you to understand what you can and cannot do before you begin. rnOne of the most important facts to consider is the difference in divorce steps that exist in community property states as opposed to non-community property states. You will need to understand what items you can still claim as your own and how to use transmutation in order to transfer property. These steps are not ones that are easy for an individual spouse to handle and require the services of a competent divorce lawyer with experience handling community property divorces. You should never attempt to file your own divorce petition if you live in a community property state unless you work for a lawyer or are a lawyer yourself—the process is too complicated for those inexperienced to understand.