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Your divorce process can be simple since you and your spouse agree to divorce

Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help!  Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody, or spouses can get joint custody. A spouse without physical custody receives visitation rightsCan receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Before filing for divorce, you should first check residency requirements in the state where you want to file for divorce. All states require that you, and sometimes your spouse, have lived a specific period of time in the state. The residential period is usually around six months, but some states have different requirements.  Several states also require that you and your spouse have lived separately before filing for a divorce or finalizing a divorce in court. These states include: Arkansas (at least 18 months of separation)Delaware (6 months)Kentucky (60 days)Louisiana (180 days or 365 days if you have kids)North Carolina (1 year)South Carolina (1 year)Vermont (6 months)Virginia (6 months or 1 year if you have kids)Washington, D.C. (6 months)Since you and your spouse are ready to agree on major divorce issues, such as division of property and debts, alimony, and child custody and support, you are eligible for an uncontested divorce proceeding. Getting an uncontested divorce means you don't have to engage in litigation.  To get an uncontested divorce, you should:  Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee One spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or the courtA summons and a petition should be served on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and necessary court forms for a respondent that can be obtained from a court's website or from the court. When the Respondent signs the "Affidavit of Defendant" or defaults, it completes the uncontested divorce papersIf applicable, file with a court income, spousal support, child support worksheets, and a parenting planFile a marital settlement agreement, separation agreement, or settlement agreement, if you have oneYour court may require you to attend the final hearing to ensure that all requirements are met. But since you undergo uncontested divorce, there won't engage in litigation Get a Judgment of Divorce signed by a judge. This document officially ends your marriage. If you and your spouse have a valid prenuptial agreement, it will make your divorce a little bit easier. A prenuptial agreement usually states how property acquired during the marriage will be divided in the event of a divorce. Such agreements resolve the issue of division of marital property for you. However, not having a prenuptial agreement is fine.  Grounds for divorce are divided into two types: fault and no-fault. Fault-based divorces have a particular reason behind them. Examples of such reasons for a fault-based divorce include: Cruelty (inflicting unnecessary emotional or physical pain)Adultery (cheating or other infidelity)Abandonment for a specific amount of timeIncurable insanityImprisonment for a set number of yearsPhysical inability to engage in sexual intercourse, if a spouse didn't disclose the inability prior to marriageFault-based divorces exist in Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, Virginia, and the District of Columbia. The majority of divorces are no-fault. No-fault-based divorce means that the marriage ends just because it can or should not survive any longer. In such cases, the spouses have differences that prevent them from continuing a relationship together. Under state laws, such grounds are stated as:  IncompatibilityIrreconcilable differencesIrretrievable breakdown of the marriageWe advise you to contact a divorce lawyer if you and your spouse have children together or many assets/debts to divide. A lawyer will help you to fill out necessary court forms, including a Petition for divorce, an Answer to a divorce petition, Child custody, and Child support forms, a Parenting Plan, and Income and Spousal support worksheets. A lawyer can also draft a Settlement agreement for you. A Settlement Agreement is a written contract signed by both spouses, outlining the terms on which spouses end their marriage. Having this agreement signed and filed to a court may speed up the divorce process. Hiring a professional will ensure that none of your rights are violated and that you complete a divorce fairly and calmly.
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