According to statistics, around 40% of married couples in The United States divorce again. Depending on whether you divorce by mutual agreement or by dispute, there are different divorce procedures. In this article you will find out what you should definitely know and how you should imagine the process of a divorce.
Process of a divorce on joint request
The most uncomplicated divorce with the lowest costs is an amicable divorce or “divorce by mutual consent”. You can find a comparison of the costs of a divorce in the article “Costs of a Divorce”.
Also note that court fees may vary from canton to canton. Research is worthwhile to save on divorce costs.
If both spouses want the marriage to be dissolved, the divorce can be completed in the US if they jointly request it. It is not necessary to explain the reasons for the divorce. If there is mutual agreement about the divorce itself and all side effects of the divorce, then the marriage can be dissolved. Draw up a divorce agreement together with your spouse/divorce lawyer, in which you formulate the consequences of the divorce (maintenance, custody, marital home, division of property).
Documents for divorce on joint request
Depending on the court, you may have to submit different documents for the divorce on joint request. You can read more details about when which documents have to be submitted.
Obligation to have a lawyer in a divorce on joint request
In fact, the law does not require you to hire a divorce attorney. However, we recommend that you consult a divorce expert for detailed and individual legal advice in order to gain the necessary legal certainty.
Judicial process of the mutual divorce
The process of a divorce in court is quite quick in the case of joint requests. The court only checks whether the will to divorce is deliberate and uninfluenced. If there is agreement on the point of divorce and the side effects of a divorce, the court approves the request.
Process of a disputed divorce (action for divorce)
The divorce suit in the case of a disputed divorce is filed if only one of the two spouses wants a divorce. If there is a disagreement regarding the divorce itself, the divorce process in the US is different and much longer. Most of the time, custody of the children, the division of the marital home and the division of assets are disputed, which can prolong the divorce proceedings. In order for the spouses to be able to separate in a contentious divorce, either a two-year separation year must precede the divorce exist or the continued existence of the marriage is unreasonable for one of the two spouses. If a separation cannot be carried out in mutual agreement, the marriage protection court must be commissioned. However, before the plaintiff spouse can file for divorce, he must submit a so-called reconciliation request to the court. If the divorce suit has been received by the court, the court will demand an advance on costs before it can be processed.
Years of separation in divorce
If you want to divorce your partner, but he refuses his consent, you cannot force him to do so for the time being. However, the law stipulates that after two years of separation you can file a lawsuit for divorce so that the marriage will be dissolved even without the consent of the partner. In the case of special problems regarding compliance with the two years of separation, it is necessary to examine the will of the partners in each individual case. The US courts have already ruled on all sorts of case groups. The beginning of the two years is the day when the common, domestic coexistence is given up.
Both spouses should seek a divorce at their joint request since the costs of a mutual divorce are many times lower. The duration of the divorce is also significantly accelerated, which saves you trouble, time, and nerves. Mediation is a cheap alternative to out-of-court conflict resolution.
Unacceptability as a reason for divorce
In order to file for a contested divorce and give unreasonableness as a reason for divorce, the circumstances must be serious. Unreason-ability is accepted by the court in the US if there is physical or mental abuse of the plaintiff spouse or children, or if a serious crime has been committed. Other reasons are serious violations of honor and personality, serious harassment, stalking, an extramarital relationship lasting several years, marriages of convenience, forced marriages or a vice lifestyle (prostitution, pimping).
What questions does the judge ask?
What questions does the judge ask in a divorce? After you file for divorce, the court invites you to an individual and joint hearing and is satisfied that the divorce request and the agreements made by both spouses are based on free will. The court takes a closer look, especially in the case of questions of custody and custody. The court critically examines whether the divorce convention is complete and just. After examining the adequacy of the divorce settlements, the judge grants the divorce. But you don’t have to be afraid of the judge. His only task is to interpret the law fairly for all parties – including you!
Ways to reach an amicable solution
There are several ways to reach an amicable solution, the simplest, of course, being a joint agreement in a divorce convention. The spouses work this out themselves and regulate all side effects of the divorce. This is particularly advisable for spouses without children with simple or similar financial circumstances. If the spouses agree on all points, they do not need a mediator or further help. However, it is advisable to consult a divorce lawyer, in order to have the jointly developed divorce convention reviewed and legally secured. The spouses are free to do this individually or together. In order to save legal fees, it is advisable to go to the same divorce lawyer together.