Divorce Requirements: What You Need to Know Before Filing
Whether you’ve decided to file for divorce or your spouse has ended the relationship, emotions can run high. Understanding the divorce process, legal requirements, and timelines is essential to avoid mistakes and ensure a smooth experience. While divorce is available in all 50 states, divorce laws and procedures vary depending on where you live.
1. Filing for Divorce in Your Local Court
Most states require couples to file a divorce petition in the local court where they reside. The filing spouse initiates the process by submitting legal documents asking the court to dissolve the marriage.
Residency Requirements Are Critical
Before the court can review your case, at least one spouse must meet the state’s residency requirements. Typically, this means:
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Living in the state for 6–12 months before filing
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Residing in the county where you file for 10 days to 3 months
Residency requirements ensure the court has proper jurisdiction over the case.
2. Divorce Waiting Periods
Even after filing, most states require a waiting period before the divorce can be finalized. Waiting periods give spouses time to:
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Negotiate child custody and child support
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Divide property and assets
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Resolve other divorce-related issues
Examples of waiting periods:
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Michigan: Couples without children wait 30 days; couples with children wait 6 months or more.
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Some states may have no waiting period at all.
During the waiting period, some couples may reconcile, allowing them to withdraw the divorce petition and continue their marriage.
3. Grounds for Divorce
To file a divorce, the petition must list a legal reason, known as the “grounds” for divorce.
No-Fault Divorce
All states allow no-fault divorce, which does not assign blame to either spouse. Common no-fault grounds include:
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Irreconcilable differences
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Incompatibility
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Prolonged separation
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No-fault divorce simplifies the process by eliminating the need for evidence, witnesses, or proof of misconduct.
Fault Divorce
Some states allow fault-based divorce, which requires proof that one spouse caused the marriage breakdown. Common fault grounds include:
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Adultery
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Neglect
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Drug or alcohol abuse
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Abandonment
Fault divorces are generally more complex, costly, and time-consuming than no-fault divorces.
4. Why You Should Consult a Family Law Attorney
Filing for divorce can be complicated, especially if you are unfamiliar with your state’s divorce laws. A family law attorney can:
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Explain your legal options
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Help prepare and file accurate divorce paperwork
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Advise on child custody, spousal support, and property division
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Reduce mistakes that could delay the divorce process
Even in uncontested or seemingly straightforward divorces, consulting an attorney ensures your rights are protected.
Conclusion
Before filing for divorce, make sure you meet the residency requirements, understand the waiting periods, and select the appropriate grounds for divorce. Working with a divorce lawyer can help streamline the process, reduce stress, and protect your interests.