Legal Questions about Your Divorce
Resource Center
For legal reasons, DivorceFiller customer care specialists can’t give legal advice. Basically, this means that we can’t tell you what you should or shouldn’t do in your specific circumstances. For example, we can’t tell you whether your case should be brought in Texas or Idaho. But our award-winning team can provide unlimited support to guide you and answer any questions you have about our online divorce process.
For your convenience, the state law resource links are below.
RESIDENCY REQUIREMENTS:
In order to file for Divorce in Alabama you must meet one of the three requirements:
1. If both parties reside in Alabama, then the requirement is met.
2. If the Defendant, or non-filing party, resides in Alabama, then the requirement is met.
3. If the Defendant, or non-filing spouse, does not live in Alabama, then the Petitioner, or filing party, must have been a resident of the state for a period of 6 months.
GROUNDS
The most common ground is for the ground of incompatibility and irretrievable breakdown of the marriage.
Other grounds allowed may require proof or additional testimony, which are:(1) In favor of either party, when the other was, at the time of the marriage physically and incurably incapacitated from entering into the marriage state.
(2) For adultery.
(3) For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
(4) Imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer.
(5) The commission of the crime against nature, whether with mankind or beast, either before or after marriage.
(6) For becoming addicted after marriage to habitual drunkenness or to habitual use of opium, morphine, cocaine, or other like drug.
(7) Upon application of either the husband or wife, when the court is satisfied from all the testimony in the case that there exists such a complete incompatibility of temperament that the parties can no longer live together.
(8) In favor of either party, when the other, after marriage, shall have been confined in a mental hospital for a period of five successive years, if such party from whom a divorce is sought is hopelessly and incurably insane at the time of the filing of the complaint; provided, however, that the superintendent of the mental hospital in which such person is confined shall make a certified statement, under oath, that it is his opinion and belief, after a complete and full study and examination of such person, that such person is hopelessly and incurably insane.
(9) Upon application of either party, when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and ot in the best interests of the parties or family.
(10) In favor of the husband, when the wife was pregnant at the time of marriage, without his knowledge or agency.
(11) In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from his or her conduct there is reasonable apprehension of such violence.
(12) In favor of the wife when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for two years and without support from him for two years next preceding the filing of the complaint, and she has bona fide resided in this state during that period.
CHILD CUSTODY
The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the right to contribute to the decision-making process concerning the child's development and well-being. You can have joint legal custody and still have one parent as the primary residential parent with the other parent having a parenting time schedule. Joint legal and joint physical custody is when both parents have joint legal custody and the child or children reside equally with each parent.
CHILD SUPPORT
Alabama’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches nineteen years of age, and may extend through the child’s secondary education.
RESIDENCY REQUIREMENTS
There are no minimum residency requirements for the State of Alaska in order to initiate a divorce. Although there is no residency requirement, a party does need to be a resident of the State of Alaska, meaning that you do not need to have lived in the state for a certain period of time but that one party does need to live in the state. A long residency period may be required in a contested divorce if there is an issue of jurisdiction over children or an unwilling spouse. The divorce could be finalized as early as thirty days from the date of filing, if matters remain uncontested.
If you are in the military and Alaska is not your state of residence, you may still file in Alaska if you have been continously stationed at a military base or installation in Alaska for a minimum of 30 days.
GROUNDS
The state of Alaska recognizes both fault and no-fault grounds for divorce.
No-fault grounds for divorce include, but are not limited to:
• An incompatibility of temperament, which results in the irreversible breakdown of the marriage.
Some fault grounds for divorce in the state of Alaska include, but are not limited to:
• adultery;
• substance abuse or habitual drunkenness;
• incurable mental disease and confinement for 18 months;
• conviction of a felony;
• cruel and/or inhuman treatment;
• abandonment for over one year.
CHILD CUSTODY
Although not always awarded by the court in a contested divorce, the parties can agree upon shared legal custody of the children. In shared legal custody, the parties have equal decision-making power over the important decisions concerning the child(ren). Physical custody is determined according to the best interests of the child and depends somewhat on the parties' agreement.
When making child custody decisions, one should keep the following factors in mind:
• the needs of the child(ren);
• ability and desire of parent to meet those needs;
• the child’s wishes;
• the bond between each parent and the child(ren);
• length of time the child has lived in a particular environment;
• desire and ability of the custodial parent to allow frequent contact between the noncustodial parent and the child, and to encourage a relationship with the other parent.
CHILD SUPPORT
Unless special circumstances are present, Alaska’s child support guidelines apply in almost every case. Both parties’ gross income and other child related expenses are taken into account when calculating child support. Child support will continue until the child reaches eighteen years of age, and may be extended through his or her secondary education.
MEDIATION
In order to achieve a mutually agreeable settlement, a party to a contested action may file a motion with the court requesting mediation any time within 30 days after a complaint or cross complaint is filed. The parties may choose to submit the issues to mediation so that they may proceed in court on an uncontested basis, provided they agree to mediate prior to the initiation of an action, or at any time thereafter.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
MILITARY
Having completed thousands of cases for military members both home and abroad, DivorceFiller is the ideal solution for a military member or a military spouse seeking an uncontested divorce.
DIVORCEFILLER IS A CERTIFIED LEGAL DOCUMENT PREPARER WITH THE ARIZONA SUPREME COURT.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Arizona, either spouse must have lived in the state for at least 90 days. A longer waiting period will be required if custody of children is at issue. A divorce will only be granted 60-days after the responding spouse has been served.
GROUNDS
An irretrievable breakdown of the marriage is the only grounds for the dissolution of a marriage in the state of Arizona.
CHILD CUSTODY The court will determine custody based solely on the best interests of the child. Either individual or joint custody may be awarded, as long as the child’s best interests are preserved. The court may issue an order for joint custody of a child if both parents are in agreement and submit a written parenting plan.
When determining custody, the court may take the desires of the parents and the child(ren) into consideration, as well as who the primary caregiver of the child has been. Other factors which the court considers include the mental and physical health of either party; whether or not a parent has a drug offense or any sort of criminal conviction on his or her record; and which parent would be more likely to allow the child frequent and meaningful contact with the other parent, to ensure that both parents are involved in raising the child.
CHILD SUPPORT
Unless special circumstances exist, Arizona’s specific child support guidelines apply in virtually every case. Both parties gross income and other child related expenses are taken into consideration in the child support calculation. In some cases, child support may be extended through the child’s secondary education.
MEDIATION
Arizona courts strongly encourage mediation and conciliation counseling. Mediation may commence with a court order, by agreement of the parties, or by law, in the case of a covenant marriage.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
When filing for divorce in the state of Arkansas, a spouse must be a resident of the state for at least 60 days and must also reside in the state for three months prior to the finalization of the divorce.
GROUNDS Arkansas recognizes both fault and no-fault grounds for divorce. No-fault grounds include, but are not limited to:
• the parties having been separated for 18 months;
• three years or more of voluntary living separately without cohabitation.
Some fault grounds include, but are not limited to:
• impotence;
• conviction of a felony other infamous crime;
• adultery subsequent to the marriage;
• cruel and inhuman treatment;
• Where either party shall be addicted to habitual drunkenness for one (1) year, shall be guilty of such cruel and barbarous treatment as to endanger the life of the other, or shall offer such indignities to the person of the other as shall render his or her condition intolerable.
CHILD CUSTODY
Custody is determined according to the best interests of the child, without special regard to the gender of the parent. In other words, custody shall be awarded in a way that assures frequent and continued contact between the child(ren) and both parents.
CHILD SUPPORT
Unless special circumstances exist, Arkansas’ specific child support guidelines apply in virtually every case. Both parties gross income and other child related expenses are taken into consideration in the child support calculation. In some cases, child support may be extended through the child’s secondary education.
MEDIATION
Dispute Resolution is strongly encouraged in Arkansas legislation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
FAX FILING IN CALIFORNIA
In California you may file your divorce by faxing the documents to the courthouse. Simply take the documents produced here, fax them to the courthouse and they will be returned after they are signed by the judge. Specific fax filing instructions will be provided when you finish answering the questions. No appearance in court will ever be necessary.
Specific, simple instructions regarding completing this process are provided by DivorceFiller when you finish answering the questions here on line. You may also mail the documents or take them to the courthouse in person.
RESIDENCY
In order to file your divorce in a California court, you or your spouse must have lived in California for the last six months and in the county where you wish to file for the last three months. It is not necessary that both parties live in California.
FORMS
The California forms produced by DivorceFiller are the forms authorized by the California Judicial Council. All California courts are required to accept the Judicial Council forms.
FILING FEES
California court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before initiating a divorce in the state of Colorado, the either spouse must have lived in the state for at least 90 days. There is a 90 day waiting period before a divorce can be finalized after the responding spouse is served.
GROUNDS
The only ground for dissolution of marriage in the state of Colorado is an irretrievable breakdown of the marriage. Colorado does not recognize no-fault grounds for divorce.
CHILD CUSTODY
The best physical and legal custody arrangement for the child(ren) may be agreed upon by the parties. The parties may have equal input into the important decisions concerning the child with joint legal custody. The court shall determine the allocation of parental responsibilities if the divorce is contested. The court will make decisions on parenting time and parental decision making responsibilities, in accordance with the best interests of the child.
In making the determination of parenting time (physical custody) should consider the wishes of the parents and the child, if he or she is of a mature age. Other considerations include the bond between the child and his or her siblings; child or spousal abuse; the child’s adjustment to the school and the home; and the ability of the parties to encourage meaningful participation and affection of the other party in the child’s life.
Credible evidence of the parties' ability to cooperate and make decisions jointly should be considered in allocating decision making responsibility (legal custody). Also important in considering legal custody is to determine whether allocating mutual decision making responsibilities will promote frequent or continuing contact between the child and each of the parties.
CHILD SUPPORT
Colorado’s specific child support guidelines are applied in virtually every case. Child support worksheets and forms may be obtained from any district court clerk. The income of both parents and certain specified child related expenses take into consideration in the child support calculation. Typically, child support continues until the child reaches 18 years of age or until he or she completes high school.
MEDIATION
Once the court has received consent of all the parties, an arbitrator may be appointed to resolve disputes between the parties concerning the their minor or dependent children. Disputes may include, but not limited to, parenting time; nonrecurring adjustments to child support; and disputed parental decisions. Arbitration is a binding process. The parties may agree at any time before or after the divorce is started to mediate any disputed issue.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for a divorce in Connecticut, one spouse must have resided in the State for at least one year. A “return date” will be assigned by the court, by which time the responding spouse must file an appearance with the court. There is a 90-day waiting period before a divorce may be granted in the state of Connecticut.
GROUNDS
Connecticut recognizes both fault and no-fault grounds for divorce. One may file a divorce based on no-fault grounds when the marriage is irretrievably broken or when there has been incompatible and voluntary separation for 18 months with no reasonable prospect for reconciliation.
Fault grounds for divorce include adultery or life imprisonment of one of the spouses; fraudulent behavior; confinement for incurable insanity for five years; cruel and inhuman treatment; or willful desertion and non-support for one year.
CHILD CUSTODY
The court may award joint or individual custody according based on the parties’ agreement, or subsequent to a trial. In a contested situation, the court will consider the wishes of the child, if he or she is sufficiently mature. Satisfactory completion and participation in a parenting education program may also be a factor in the court’s decision regarding child custody.
CHILD SUPPORT
Connecticut’s specific child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating the child support amount. Child support will continue until the child reaches 18 years of age, and may be extended through his or her secondary education.
MEDIATION
Dissolution issues can be addressed through mediation, which Connecticut courts can require. The parties may agree to submit their disputed issues to mediation at any time, before or after the divorce is initiated.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Delaware, either you or your spouse must have resided in the State of Delaware for at least 6 months or have been stationed in Delaware as a member of the military for at least 6 months.
GROUNDS The grounds recognized by Delaware are an irretrievable breakdown of the marriage relationship, which is deemed to occur when there is:
1. Voluntary separation for 6 months
2. Separation caused by respondent's misconduct:
- Adultery
- Bigamy
- Conviction of serious crime
- Physical or oral abuse of spouse or children
- Desertion
- Homosexuality
- Refusal to perform marriage obligations
- Contracting venereal disease
- Habitual alcoholism or drug abuse
3. Insanity
4. Incompatibility
CHILD CUSTODY
The parties may either agree to joint or sole legal and physical custody of their child(ren), or in a contested situation, the court may award either joint or sole legal custody. The court will determine residential arrangements (physical custody) for the child, each in accordance with the best interests of the child.
Some of the factors to be considered in any custody determination are the wishes of the child and the parents, as well as the bond between the each parent and the child(ren). One may also take into consideration the child’s adjustment to his or her home, school and community, as well as the mental and physical health of all involved.
The Court shall order the parties pay for and participate in a "Parenting Education Course" for all children of the marriage up through 17 years of age, unless the Court, upon motion, determines that participation in the course is deemed unnecessary.
CHILD SUPPORT
Delaware’s specific child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support amount. Child support will continue until the child reaches 18 years of age, and may extend through his or her secondary education.
MEDIATION
In the state of Delaware, any civil matter on the Superior Court docket can be referred to voluntary mediation. The parties may agree to submit their disputed issues to mediation before or after a divorce is initiated.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
MAIL IN FILING
In Florida, many counties permit parties to mail forms into the courthouse for filing. You may never have to appear in court. This practice varies from county to county. Specific, simple instructions regarding completing this process are provided by DivorceFiller when you finish answering the questions here on line. You may also take the documents to the courthouse in person. Some Florida Courts will not permit mail in filing, and some cases may not be appropriate for mail in filing in any county. You will need to contact the court clerk when you are finished to ask about this.
GROUNDS
The only grounds for divorce in the State of Florida are:
1. That the marriage is "irretrievably broken."
2. That there is mental incapacity of one of the parties, for at least three years before filing for the divorce.
RESIDENCY
In order to file your divorce in a Florida court, you or your spouse must have lived in Florida for the last six months. It is not necessary that both parties live in Florida. One party must live in Florida, the other could live anywhere else in the world.
FORMS
Florida forms produced by DivorceFiller are the Florida Supreme Court approved forms found in the Family Law Rules of Procedure.
FILING FEES
Florida court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
HOW LONG WILL IT TAKE?
The use of the DivorceFiller service generally takes between 30 minutes and two hours or more depending on the complexity of your case. Florida does not have a mandatory waiting period after the filing of your case, but a judge may choose to continue (delay) your case for up to three months to allow the parties a chance to reconcile. Usually, such a delay would not occur in an uncontested (agreed) case.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Georgia, either spouse must have been a resident for at least six months prior to filing. The dissolution may be granted thirty days after its initiation.
GROUNDS
Georgia’s no-fault grounds for divorce may include an irretrievable breakdown of the marriage. Georgia also recognizes adultery, impotence, substance abuse, separation caused by mental illness and cruel and inhuman treatment as fault grounds for divorce.
CHILD CUSTODY
The State of Georgia determines custody according to the best interests of the child. The parents may opt for an arrangement of either joint legal or joint physical custody, or a combination of both. There is, however, no joint custody preference or gender-based preference under the law in the State of Georgia. In addition, the child may chose the parent with which he or she would like to live, if sufficiently mature.
CHILD SUPPORT
Both parents are expected to provide financial support through the child’s eighteenth birthday. If the child graduates from high school after his or her eighteenth birthday, the parents will be expected to provide financial support up until the date of graduation. In the divorce settlement, the parents may agree to a specific allocation of college expenses.
VENUE
When filing for divorce in the State of Georgia, one should file in the Superior Court of the respondent's county of residence. If the responding party has recently moved from the State of Georgia, then he or she must file in the county of the Petitioner's residence.
MEDIATION
In a pending divorce, either party may file a motion requesting mediation. The parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis. This must occur prior to the initiation of divorce proceedings.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Hawaii, the spouse filing for divorce must have lived in the state for three months. The divorce cannot be finalized until at least one spouse resided in the state for at least six months.
GROUNDS
Hawaii recognizes no-fault grounds for divorce. An irretrievable breakdown of the marriage, living separate and apart without cohabitation for two years or legal separation without reconciliation are all grounds for no-fault divorce in the State of Hawaii.
CHILD CUSTODY
Custody is awarded based upon preserving the best interests of the child, and can be awarded to one or both parents accordingly. Having legal custody in Hawaii entitles the parent to have input into the important decisions concerning the child's development. Typically, both parents are granted joint legal custody, with one parent as the primary residential (physical) custodian. It is possible, however, to have joint residential custody agreed upon or awarded by the court. Depending upon his or her level of maturity, the child's wishes concerning custody shall be given due weight by the court.
CHILD SUPPORT
Hawaii’s child support guidelines apply in virtually every case, unless exceptional circumstances are present. Both parties’ gross incomes and certain child related expenses are considered when calculating child. The child support will continue until the child reaches eighteen years of age, and may extend through his or her secondary education.
VENUE
The divorce should be filed with the Family Court of the circuit in which the applicant has resided for at least a three-month period.
MEDIATION
The Center for Alternative Dispute Resolution shall facilitate the voluntary resolution of disputes. The parties may also opt for private mediation, which can be initiated at any time, before or after a divorce is filed.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Idaho, the filing party must have been a resident for six weeks.
GROUNDS
Idaho recognizes irreconcilable differences which have caused the irremediable breakdown of the marriage as no-fault grounds for divorce. Idaho also recognizes fault grounds for divorce, including, but not limited to: adultery, insanity, conviction of a felony, willful desertion of one of the parties, and cruel and inhuman treatment.
CHILD CUSTODY
Custody is determined according to the best interests of the child. The court will consider many factors in determining the best interests of the child, including: wishes of the child's parents and the child; the bond between child and parent and siblings; and the child's adjustment to home, school, and his or her surroundings.
Idaho presumes that a child’s best interest is served through joint legal and physical custody. Legal custody permits a parent to have decision making power in the major decisions in a child's life. Legal custody is not the same as physical custody, and important decisions can be made without the child physically residing in the legal custodian’s household. Physical custody defines the child's residential placement. It is rare in joint physical custody for the child to spend an equal amount of time with each parent.
CHILD SUPPORT
Idaho’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating child support. Child support payments will continue until the child reaches eighteen years of age, extending through the child’s high school education.
VENUE
The spouse should file for divorce in the county where the defendant, or responding party, resides. If the defendant is out of state or if his or her address is unknown, then the divorce should be initiated in the county where the plaintiff resides.
MEDIATION
By law parties must mediate in all domestic relations actions involving a controversy over custody or visitation of minor children. The parties may initiate voluntary mediation at any time, before or after a divorce action has commenced.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in the State of Illinois, the filing spouse must have resided in the state for at least 90 days.
GROUNDS
Effective 2016, the only ground for divorce in Illinois, is irreconcilable differences with the parties having lived separate and apart for a period of 6 months or longer.
CHILD CUSTODY
In the State of Illinois, the parties may agree to either joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision-making involving the children. The court may award either joint or sole legal custody in a contested dissolution. The court will also determine physical custody arrangements.
The court shall determine custody in accordance with the best interests of the child, keeping the wishes of the child’s parent and the child in mind. The court also takes into consideration the bond between the parent, child and any siblings, as well as the child’s adjustment to home and school, and the mental and physical health of all parties involved.
CHILD SUPPORT
Illinois’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, or until the child graduates from high school, whichever occurs later, and may be extended through secondary education.
VENUE
The divorce should be filed in the county where either the petitioner or the respondent resides.
MEDIATION
Mediation is strongly encouraged in the State of Illinois.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
When filing for divorce in the State of Indiana, the filing spouse must have resided there for six months. Further there is a 60 day waiting period for an uncontested and consented dissolution.
GROUNDS
Indiana’s no-fault grounds for divorce include the irretrievable breakdown of the marriage. The only fault based grounds for divorce are as follows:
(1) The conviction of either of the parties, subsequent to the marriage, of a felony.
(2) Impotence, existing at the time of the marriage. (3) Incurable insanity of either party for a period of at least two (2) years.
CHILD CUSTODY
The parties may agree to either joint or sole legal and physical custody of their child(ren). The parent has the right to participate in decision-making involving the child if he or she is given legal custody. The court may award either joint or sole legal custody in a contested dissolution and will determine physical custody for the child in accordance with what is deemed to be in the best interests of the child.
The court may take the wishes of the parent and the child into consideration when determining custody issues. The court may also consider the bond between the child, parent, and any siblings in the household, and the child’s adjustment to the home, school and community. The mental and physical health of all parties involved will also be considered in determining the best interests of the child for custody purposes.
CHILD SUPPORT
Indiana’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education. VENUE Venue lies in the county where either the petitioner or respondent resides.
MEDIATION
Prior to or during divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
There are no residency requirements for the filing spouse if the respondent spouse is a resident of Iowa and has been personally served with the petition for the dissolution of marriage. Generally, however, a spouse filing for divorce in the State of Iowa must have been a resident for one year.
GROUNDS
The only ground for dissolution of marriage in the State of Iowa is the irretrievable breakdown of the marriage.
CHILD CUSTODY
The parties may agree to either joint or sole legal and physical custody of their child(ren). Legal custody gives a parent the right to participate in decision-making involving the children. The court may award either joint or sole legal custody in a contested situation. The court will determine physical custody for the child, each in accordance with the best interests of the child.
The court may take many aspects of the case into consideration when determining custody of the child, including the wishes of the parents and the child, and the geographic proximity of the parents.
CHILD SUPPORT
Iowa’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority or completes high school, and may be extended through his or her college education.
VENUE
Venue lies in the county of either party.
MEDIATION
The court shall determine in each domestic relations proceeding whether the parties shall participate in mediation to attempt to resolve differences without court intervention. The court may order participation in mediation at any time prior to the entering of a final order or the granting of a final decree.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for a dissolution of marriage in the State of Kansas, either the husband or the wife must have been a resident for sixty days.
Military residence. Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation.
GROUNDS
Kansas recognizes incompatibility as no-fault grounds for divorce. Some of Kansas’ fault-based grounds for divorce include failure to perform a marital duty or obligation, incompatibility by reason of mental illness.
CHILD CUSTODY
The parties may submit a written agreement concerning the custody of their minor child. The court shall determine custody (joint or sole) in accordance with the best interest of the child.
CHILD SUPPORT
Kansas’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
The county in which the petitioner is an actual resident at the time of filing, or the county where the respondent resides should be the venue where the dissolution is initiated. We do not provide packets for Coffey County. Currently Coffey County will only accept divorce packets for parties that are represented by attorneys. Until this rule changes, we will not be able to offer our packets for this particular county.
MEDIATION
Mediation of any contested issue of child custody or visitation may be ordered by the court at any time upon the motion of a party or upon the court's own motion. In every case, the parties are free to engage in mediation before or after their divorce has been initiated. If the parties are able to reach agreements as to their divorce issues through mediation, they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
DivorceFiller charges for access to our divorce questionnaire organizer, instructions and last will and testament. Divorce forms are provided as a courtesy.
RESIDENCY REQUIREMENTS
When filing for divorce in the State of Kentucky, either party must have been a resident of the state for 180 days or, if in the military, has been stationed in Kentucky and the military presence has been maintained for 180 days before filing for divorce.
GROUNDS
The only grounds for divorce in Kentucky are the irretrievable breakdown of the marriage.
CHILD CUSTODY
Custody is determined according to the best interests of the child. The parents may prepare an agreement with regards to either joint or sole custody of the child(ren). Alternatively, the court may award joint or sole custody of children to the parties. Joint custody ensures that each parent will participate in making important decisions pertaining to the child, but does not necessarily mean that each parent will have custody of the child 50% of the time.
Any custody decision should take into account the wishes of the parents and the child and the ability of each spouse to parent the child. In addition, a custody decision would include consideration of the bond between child, any siblings and the parents, as well as the child’ adjustment to his or her school, household and community. Another determining factor to keep in mind when deciding custody is the mental and physical health of all parties involved.
CHILD SUPPORT
Kentucky’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support amounts. Child support continues until the child reaches eighteen years of age, and may be extend through the child’s secondary education.
VENUE
The dissolution action must be initiated in the county where the husband or wife usually resides.
MEDIATION
If a divorce is pending, either party may file a motion requesting mediation of their disputed issues. The parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis, prior to the initiation of divorce proceedings.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
When filing for divorce in the State of Louisiana, the filing spouse must have been a resident for one year. Further, once the petition for dissolution has been filed, there is a 180-day waiting period before it can be finalized.
GROUNDS
Art. 102: Louisiana's no-fault grounds for divorce include living separate and apart for 180 days without minor children; or 365 days if there are minor children - after filing the petition
Art. 103(1) Living separate and apart without reconciliation for a period of at least 180 days without minor children; or 365 days if there are minor children prior to filing a petition for divorce.
Louisiana also considers adultery and conviction of a felony among the grounds for a fault divorce.
CHILD CUSTODY
The court will award custody in the State of Louisiana in accordance with the best interests of the child. Joint custody in this state is presumed to be in the best interests of the child, although this is refutable. If joint custody is awarded, both parents have the opportunity to participate in the decision-making process regarding the child's development. This does not necessarily mean that the child will spend half of his or her time with each parent.
The court will keep many factors in mind when making decisions regarding custody, including the relationship between parents and child, the child’s age and gender, the parent’s moral integrity and mental and physical health of all parties involved.
CHILD SUPPORT
Louisiana’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support figures. Child support will generally continue until the child reaches eighteen years of age, or completes high school, whichever occurs last.
MEDIATION
The parties may be required to mediate their differences upon the motion of the court or upon motion of either party to reduce acrimony between the parties and assure continuing contact with both parents after the dissolution of the marriage. The court will require mediation when it appears to the court to be in the best interests of the child, or when it appears issues regarding custody or visitation are contested.
Before or after a divorce action has been initiated, the parties may agree to submit any disputed issue to mediation at any time.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Maine, the spouse filing for divorce must have been a resident of the state for six months.
GROUNDS
Maine’s no-fault ground for divorce is irreconcilable marital differences. Maine’s fault-based grounds for divorce include, but are not limited to, adultery, impotence, alcoholism or substance abuse, cruel and inhuman treatment, and desertion for three years.
CHILD CUSTODY
In an effort to preserve the best interests of the child, custody should be awarded to one parent or to both parents. Joint legal custody is usually granted to the parents, although most often one parent is awarded primary physical custody. Joint physical custody can be agreed upon by the parties or awarded by the court. The child's wishes as to custody shall be considered and given due weight by the court, if the child is sufficiently mature.
VENUE
In Maine, an action for divorce may be brought in the division where either the petitioner or the respondent resides.
MEDIATION
The court will order mediation of issues related to the children in any contested case involving minor children. The court may refer the parties to mediation on any issue, in any case involving domestic relations whether or not children are involved. The parties may voluntarily choose to mediate their disputed issues prior to the initiation of divorce proceedings. By resolving all issues in mediation, the case shall proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
There is a six month residence requirement in the State of Maryland for the filing spouse, if the grounds for divorce occurred outside of the state. Otherwise there is no minimum residency requirement.
GROUNDS Maryland recognizes fault and no fault grounds for divorce. No-fault grounds includes (1) 12–month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (2) Mutual Consent, when the parties have no minor children, all issues of property, debt and spousal support have been agreed and both parties attend the final hearing.
The State of Maryland recognizes adultery, cruelty, excessively vicious conduct toward the complaining party or a minor child of the complaining party, insanity, willful desertion for one year and conviction of a felony as fault grounds for a divorce.
CHILD CUSTODY
Joint legal custody is not always awarded in a contested situation, but can be agreed upon by the parties. The court will consider the best interests of the child, as well as any agreement adopted by the parties, when determining joint and physical custody.
CHILD SUPPORT
Maryland’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support figures. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
The divorce should be filed in the county where the plaintiff resides, or where the defendant resides, is regularly employed or has a place of business.
MEDIATION
The court shall enter an order requiring the parties to mediate the custody or visitation dispute if it is determined that mediation is reasonable. The parties may voluntarily choose to mediate their disputed issues, so that they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
If the grounds for divorce occurred outside of the state there is a one year residency requirement for the filing spouse in the State of Massachusetts. Otherwise there are no minimum residency requirements for this state when filing for divorce.
GROUNDS The no-fault ground for divorce in Massachusetts is the irretrievable breakdown of the marriage.
Some fault grounds for divorce in the State of Massachusetts include, but are not limited to adultery, impotence, imprisonment for over five years, and willful desertion for one year. Filing under a fault ground may become a more complicated and expensive process than filing without fault.
CHILD CUSTODY
The court in the State of Massachusetts holds the rights of the parents equal to the happiness and well being of the child, when making an order or judgment relative to the custody of the children. This is provided that there is no misconduct on the parent’s part preventing equal consideration. The court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral or emotional health, when considering the happiness and welfare of the child.
CHILD SUPPORT
Massachusetts’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support figures. Child support continues until the child’s eighteenth birthday and may extend through the child’s secondary education.
VENUE
The Probate and Family Court in the county where either spouse is living at the time of the petition hears almost all divorce cases in the State of Massachusetts.
MEDIATION
In a pending divorce, either party may file a motion requesting mediation of disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings, to ensure that the case proceeds on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for dissolution of marriage in the State of Michigan, one spouse must have been a resident of Michigan for 180 days and a resident of the county in which he or she files for ten days.
GROUNDS
The irretrievable breakdown of the marriage is the only grounds for divorce in the State of Michigan.
CHILD CUSTODY
One possible child custody arrangement in Michigan, which the courts recognize, is joint custody. Joint custody, although not usually granted as 50/50 arrangement, permits both parents to participate in the decision making process regarding their child's development and overall well being.
In a contested child custody matter, the court and parents must keep the wishes of the child and all parties involved in mind. The court and the parents must also keep in mind the moral, mental and physical fitness of the parties involved, as well as the child’s adjustment to his or her household, school and community when considering child custody.
CHILD SUPPORT
Michigan’s child support guidelines which in most cases, unless special circumstances are present. Both parties’ gross incomes, and certain child related expenses are taken into consideration when calculating the child support obligation. Child Support will continue until till the child’s eighteenth birthday, and may extend through the child’s secondary education.
MEDIATION
The judge may refer the contested issues to mediation with either a written stipulation of the parties, a written motion of a party, or on the judges own initiative. The parties may choose to submit any or all of their disputed issues to mediation so that they may proceed in court on an uncontested basis, prior to the initiation of divorce proceedings.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Minnesota, one spouse must have been a resident of the state for 180 days before filing.
GROUNDS
The irretrievable breakdown of the marriage is the only grounds for divorce in Minnesota.
CHILD CUSTODY
In Minnesota, the parents can decide who will get custody of their children and they may chose either sole or joint custody. Both parents will be able to contribute to the decision-making process regarding the child’s development and well-being in joint legal Custody. Some of the factors that should be considered are n any custody decision, contested or by agreement include the wishes of the child and the parents, as well as the bond between the child and any siblings, his or her home, school or community. The physical and mental health of all parties involved is also important when deciding child custody issues.
CHILD SUPPORT
Minnesota’s child support guidelines apply in virtually every case, absent special circumstances. The income of the non-custodial parent, as well as other child related expenses, is used to calculate the child support obligation in the State of Minnesota.
VENUE
In Minnesota, either spouse may file in the county where either spouse resides.
MEDIATION
At any time either before or after the divorce has been initiated, the parties may choose to submit their disputed issues to mediation. The parties may proceed in court on an uncontested basis if they are able to reach an agreement through mediation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for a dissolution of marriage in the State of Mississippi, either spouse must have been a resident of Mississippi for at least six months. GROUNDS Mississippi recognizes irreconcilable differences as the only grounds for a no-fault divorce.
Mississippi’s fault grounds for divorce include, but are not limited to, adultery, impotence, alcoholism or substance abuse and willful desertion for one year.
CHILD CUSTODY
The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the contribute to the decision-making process concerning the child's development and well-being. Joint custody, however, is often times not awarded equally 50/50 to both parents.
CHILD SUPPORT
Mississippi’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
MEDIATION
At any time before or after the divorce action has been initiated in the court system, the parties may agree to submit their disputed issues to mediation. The parties can proceed in court on an uncontested basis, if an agreement is reached.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Missouri, either spouse must have been a resident of the state for at least ninety days.
GROUNDS
The only basis for divorce in Missouri is an irretrievable breakdown of marriage relationship.
CHILD CUSTODY
The court will award either joint or sole child custody in accordance with of the best interests of the child. Although joint physical custody of children can also be agreed upon by the parties and gives the parties equal decision-making power, this does not necessarily ensure that both parties will be granted equal time with the child.
CHILD SUPPORT
Missouri’s child support guidelines apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the needs of the child, and the parents' ability to pay. Child support payments typically continue through the child’s eighteenth birthday, and may extend through his or her secondary education.
VENUE
Either spouse in the county where either spouse resides may initiate dissolution of marriage.
MEDIATION
If a divorce is pending, either party may file a motion requesting mediation of their disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings, in order that they may proceed on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
DivorceFiller charges for access to our divorce questionnaire organizer, instructions and last will and testament. Divorce forms are provided as a courtesy.
DivorceFiller is not a substitute for the advice of an attorney.
RESIDENCY REQUIREMENTS
In order to file for divorce in Montana, either spouse must have been a resident of the state for ninety days before filing.
GROUNDS
Montana recognizes only two no-fault divorce grounds, that of serious marital discord with irreconcilable differences and living separate and apart for 180 days prior to filing for dissolution.
CHILD CUSTODY
A Parenting Plan must be filed with the court by the divorcing parents in the State of Montana. The Parenting Plan outlines the terms of each parent's rights and responsibilities concerning their child(ren). The court will make a determination if parents cannot decide how to resolve a specific issue regarding the Parenting Plan.
CHILD SUPPORT
Montana’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age or completes high school, and may be extended by agreement of the parties or court order under certain circumstances.
VENUE
A divorce in the State of Montana should be filed in the county where petitioner has resided for a 90-day period preceding the action.
MEDIATION
The parents may be required to participate in a court ordered mediation to resolve disputes that arise in creating the parenting plan. At any time before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing a divorce in Nebraska, either spouse must have been a resident of the state for at least one year. If the marriage ceremony was performed in Nebraska, and one spouse has resided in the state during the entire marriage, then that spouse can file for divorce.
GROUNDS
The only ground for divorce in the State of Nebraska is the irretrievable breakdown of the marriage.
CHILD CUSTODY
As long as the parents are acting in the best interests of the children, the court will usually accept the parents' custody agreement. If the parents cannot come to some decision, the court will decide, or the matter will proceed to trial. Joint legal or physical custody may be agreed upon. Joint custody allows both parents to have direct input into important developmental decisions regarding the children; however, joint custody does not necessarily mean that the children will spend an equal amount of time with each parent.
CHILD SUPPORT
Nebraska’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
A divorce proceeding in Nebraska may be filed in the District Court where one of the parties resides.
MEDIATION
Nebraska has approved centers for dispute resolution, which may oversee contested issues in cases referred as either a pending court case or referred prior to the commencement of formal court proceedings. All parties involved must consent to such referral, in order for a referral to be effective. In order to proceed on an uncontested basis in court, the parties may submit any or all of their issues to mediation, prior to the initiation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Nevada, at least one spouse in the action must have been a resident of the state for six weeks.
GROUNDS
The only grounds or causes for divorce in Nevada are as follows:
1. Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.
2. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
3. Incompatibility
CHILD CUSTODY
In the State of Nevada, custody is determined in accordance with the best interests of the child, without preference based upon the gender of the parent. The court will consider the wishes of the parties and the wishes of the child, if he or she demonstrates sufficient maturity.
Joint custody may be agreed upon by the parties and typically guarantees the parties equal decision making authority over the important decisions concerning their children's development. Joint custody usually does not insure that the children spend an equal amount of time with each parent.
CHILD SUPPORT
Nevada’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes, as well as certain child related expenses, are taken into consideration when calculating the child support obligation. Until the child reaches eighteen years of age, child support will continue. Child support may continue into the child’s secondary education.
VENUE
A divorce action may be started in the county in which the defendant resides. If defendant resides out of state then the plaintiff may designate the county of filing in the complaint.
MEDIATION
Before or after a divorce is initiated, the parties may agree to submit any or all of their disputed issues to mediation. If an agreement is made in mediation the parties may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in New Hampshire, both parties must either: 1) reside in the state when the action is initiated, or 2) you may file if petitioning party resides within the State of New Hampshire for one year when the respondent is process served in a different state, 3) or the divorce may be initiated if the filing party resides within the state and the respondent is served with process service within the state.
GROUNDS
New Hampshire’s no-fault ground for divorce is based on irreconcilable differences, with no foreseeable reconciliation between the parties.
New Hampshire’s has thirteen fault based divorce grounds, which include, but are not limited to adultery, physical or mental abuse, desertion, and alcoholism.
CHILD CUSTODY
The New Hampshire courts award custody based on the child's best interest in contested divorce cases. The courts assume that the parents will be joint legal custodians of their children; however, if joint legal custody is not to be awarded, the parties or the court must stipulate their reasoning as to why joint legal custody cannot be arranged.
Physical custody may be shared or split between the parents, or awarded to either parent. As long as the child’s best interests are preserved, the court will generally approve any agreement the parties reach concerning custody.
CHILD SUPPORT
New Hampshire’s child support guidelines apply in virtually every case unless special circumstances exist. Both parties’ gross incomes, as well as certain child related expenses are taken into consideration when calculating the child support obligation. The child support payment will generally continue until the child reaches eighteen years of age, or graduates from high school, which ever last occurs.
VENUE
Some counties in New Hampshire conduct divorce proceedings in the Superior Court. Other counties conduct divorce proceedings in the new Family Court system. Divorce cases can be filed in the county where either petitioning party or responding party resides.
MEDIATION
At any time during the divorce proceeding or before the divorce has bee filed, the parties may agree to mediate their disputed issues at any time. The parties may proceed in New Hampshire courts on an uncontested basis if the parties are able to resolve all of the disputed issues through mediation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in New Jersey, either spouse must have been a resident of the State for at least one year. In a case where adultery is the grounds for divorce, there is no time limit if one spouse is a resident of the state.
GROUNDS
a. Adultery;
b. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
c. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
d. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
e. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c. 226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
f. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
g. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
h. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.
i. Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation. (cf: P.L.1971, c.217, s.11)
CHILD CUSTODY
The courts in New Jersey will award custody based on the preservation of the best interests of the child. The court will keep factors such as the parents’ ability to make important decisions regarding the child in an appropriate manner, and the relationship of the child with his or her siblings, school and community in mind when making custody decisions. If the child is sufficiently mature, the court will consider his or her preferences when determining child custody. If both parties agree to a custody arrangement which ensures the best interests of the child are met, the court will order the custody arrangement.
CHILD SUPPORT
New Jersey’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes as well as certain child related expenses are taken into consideration when calculating child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
New Jersey’s Superior Court has jurisdiction for all divorce actions initiated in the state.
MEDIATION
At any time the parties may agree to submit the disputed issues to mediation. If the parties are able to reach an agreement, they may proceed in court on an uncontested basis.
RESIDENCY REQUIREMENTS
In order to file for divorce in New Mexico, either spouse must have been a resident for at least six months and have a home in the state.
GROUNDS New Mexico’s no-fault grounds for divorce are incompatibility between the spouses so with no foreseeable reconciliation.
Adultery, abandonment and cruel or inhuman treatment are some of New Mexico’s fault based grounds for divorce.
CHILD CUSTODY
In the State of New Mexico, it is presumed that joint legal custody is in the best interests of the child. Both parents are actively involved in the important decisions concerning their children's development in joint custody. The court will order mediation if the parents cannot agree as to custody. The court will decide custody in keeping with the best interests of the child, if mediation fails.
CHILD SUPPORT
New Mexico’s child support guidelines apply in virtually every case, unless special circumstances exist. Both parties’ gross income, certain child related expenses and the amount of time the child spends with each parent are taken into consideration in calculating the child support obligation. The child support obligation will continue through the child’s eighteenth birthday, and may be extended through the child’s secondary education.
VENUE
The divorce can be initiated in the county where either spouse resides.
MEDIATION
The parties may agree to submit any areas of disagreement to mediation at any time before or after the divorce is filed. Further, the parties can enter into custody mediation mentioned to resolve issues regarding child custody. The parties may proceed in court on an uncontested basis if an agreement is reached in mediation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
FORMS
The documents provided by DivorceFiller are the approved forms promulgated by the New York State Unified Court System.
APPEARANCE IN COURT
Generally, you do not have to appear in front of a Judge to finalize your divorce. You will need to go the clerk’s office, or have someone deliver documents to the clerk’s office for you, in order to get a case number and to file your documents. However, once the documents are filed and the fees paid, there is usually no appearance in front of a judge.
RESIDENCY
To file for a divorce in New York you must satisfy one of the following residency requirements. Any one will do, you do not have meet all of the requirements:
1) The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began [In other words: you got married here and at least one of you has lived here for the last year]; OR
2) The couple lived as husband and wife in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: you lived in New York together and at least one of you has lived here for the last year]; OR
3) The grounds for divorce occurred in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: the basis for the divorce (see below) occurred in New York and at least one of you lived here for the last year]; OR
4) The grounds for divorce occurred in New York State and both spouses are New York residents at the time the action is commenced [In other words: the basis for the divorce (see below) occurred in New York and you both live here now, not necessarily for a whole year] ; OR
5) If you and your spouse were married outside of New York State and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce [In other words, you weren’t married here, the basis for the divorce didn’t occur here, you never lived here together, then at least one of you has to have lived here for at least the last two years].
GROUNDS FOR DIVORCE
In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts. The legally acceptable reasons, or grounds for divorce, in New York are described in Domestic Relations Law §170. They are:
(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
(2) The abandonment of the plaintiff by the defendant for a period of one or more years.
(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.
(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.
(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation.
(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.
Grounds 1 and 4 do not require any time period to pass, you may complete your divorce without a waiting period; Ground 2 requires that the abandonment occurred one year or longer prior to filing for divorce; Ground 3 requires that the imprisonment be for a period of three or more consecutive years or longer prior to filing for divorce; and Grounds 5 and 6 require you to wait one year after the document (separation judgment, separation decree or separation agreement) is filed with the Court. [note that a valid and enforceable judgement/decree or agreement is entered without a waiting period, with only the actual divorce requiring a waiting period.]
Summary explanations are provided in the instruction list that you will receive upon completing your case. Further definitions are provided in the questions you will be presented by DivorceFiller. DivorceFiller can be used based on any of the six grounds.
New York State is very particular regarding the basis for a divorce. While other states may allow couples to file for divorce because they simply don't get along (irreconcilable differences), New York requires a ground for the divorce (see above). The mandatory waiting period will vary based on the ground that you choose. Regardless of what ground you choose, DivorceFiller will assist you in completing an amicable uncontested dissolution . Whether using DivorceFiller or using an attorney, you will have to designate a ground and the applicable waiting period will apply.
FILING FEES
New York court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
LOWER INCOME STATUS
Where an individual lacks the financial resources to pay the costs associated with a divorce action, an application may be made to have these fees waived or forgiven by the court. This refers to the fees listed above (not to the fee for using DivorceFiller). DivorceFiller DOES provide the forms for applying to have the fees waived.
RESIDENCY REQUIREMENTS
Before filing for divorce in North Carolina, either spouse must have been a resident of the state for at least six months prior to filing.
GROUNDS
North Carolina’s grounds for divorce are living separate and apart without cohabitation for one year’s time, or living separate and apart due to incurable insanity for three years, without cohabitation.
North Carolina does not recognize no-fault grounds for divorce.
CHILD CUSTODY
As long as the court deems the parents’ decisions to be in the best interests of the child(ren), the parents are free to decide their children's custody issues. North Carolina’s court system does not give preferential treatment to any one gender when determining child custody. The court considers all factors in preserving the best interests of the child.
CHILD SUPPORT
North Carolina’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes, as well as certain child related expenses, are taken into consideration when determining child support obligations. The child support obligation will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
A divorce proceeding in North Carolina may be brought in the county where either spouse resides.
MEDIATION
Before or after the divorce has been initiated, the parties may agree to submit disputed issues to mediation. If an agreement has been made in mediation, the parties may proceed on an uncontested basis in court.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file a divorce in North Dakota, the filing spouse must have been a resident of the state for at least six months prior to filing.
GROUNDS
North Dakota recognizes irreconcilable differences as the no-fault ground for divorce.
Adultery, extreme cruelty, conviction of a felony, abuse of alcohol or controlled substances, willful desertion for a period of one year or more, and willful neglect, are the fault-based grounds for divorce in the State of North Dakota.
CHILD CUSTODY
Custody should be determined in accordance with the best interests of the child. The court will consider many factors, including the moral fitness of the parents, the wishes of the mature child, the mental and physical health of all parties involved, and the child’s adjustment to the home, school or community, when determining child custody.
VENUE
In North Dakota, an action for dissolution of marriage may be brought in the county in which the responding party resides at the time of the commencement of the action. The action shall be brought in the petitioning party’s county if the respondent lives outside of the state.
MEDIATION
Before or after the divorce proceeding has been initiated, the parties may agree to submit any or all of their disputed issues to mediation, allowing the parties to agree in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for dissolution of marriage in Ohio, either spouse must have been a resident of the state for at least six months.
GROUNDS
The State of Ohio allows for filing a divorce or a dissolution of marriage.
GROUNDS FOR DISSOLUTION OF MARRIAGE:
Parties agree in mutual consent that marriage should be terminated by court, they agree on every area, such as division of marital property, spousal support, parental rights and responsibilities, child support, etc. Court does not have to decide, it just terminates marriage upon this mutual consent.
GROUNDS FOR DIVORCE OF MARRIAGE:
- separation without cohabitation for uninterrupted period of one year
- incompatibility, unless denied by either party
- willful absence of adverse party for one year
- adultery
- extreme cruelty
- fraudulent contract
- any gross neglect of duty
- habitual drunkenness
- imprisonment of adverse party in penitentiary at time of filing complaint
- procurement of divorce outside this state, by husband or wife, by virtue of which party who procured it is released from obligations of marriage, while those obligations remain binding upon other party.
DIVORCE VERSUS DISSOLUTION: Divorce is a civil lawsuit to end a marriage arising from when the husband and wife cannot resolve their problems, and are asking the court to make the final decision and issue orders concerning property, support and children.
Dissolution of marriage is an action where the parties both agree to terminate their marriage and agree to all aspects of the dissolution, including property and debt division, alimony/spousal support, child support, custody and parenting time. Neither party has to prove grounds to end a marriage by dissolution.
DivorceFiller provides packets for Dissolution of Marriage with the parties filing jointly as Co-Petitioners. Parties that are filing for divorce will normally need an attorney because of the more complicated process.
Note: when you file for a dissolution of marriage the court will require that both parties appear at the court hearing.
CHILD CUSTODY
Instead of awarding child custody to parents, Ohio may designate a “residential” and a “non-residential” parent, in order to keep both parents involved in the children's lives. The Ohio court system believes that children require a continuing relationship with both parents, and giving custody to one parent undermines that need.
The parties may submit a Shared Parenting Plan to the court for approval, which sets out each parent's rights and responsibilities regarding their children. The Shared Parenting Plan specifies the child's physical residential schedule.
CHILD SUPPORT
Ohio’s child support guidelines apply in virtually every case, unless special circumstances exist. Both parents’ gross income and certain child related expenses are taken into consideration when the child support obligation is calculated. The child support obligation, typically through wage assignment, will continue until the child reaches eighteen years of age, and may extend throughout the child’s secondary education.
VENUE
A divorce action shall be initiated in the county wherein the petitioning spouse has resided for at least ninety days immediately prior to the filing of the action.
MEDIATION
The court may order the parents to mediate their differences on contested matters regarding the appropriate allocation of parental rights and responsibilities for the care of their children or a specific schedule for visitation for their children. The court will order the mediation in accordance with procedures adopted by the court through local rules.
Before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation, and any agreements reached may allow the parties to proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Oklahoma, either spouse must have been a resident of the state for at least six months.
GROUNDS
Oklahoma recognizes incompatibility between the parties as the only no-fault grounds for divorce.
Some of Oklahoma’s fault-based grounds for divorce include, but are not limited to, adultery, impotence, imprisonment, gross neglect, alcoholism and abandonment for one year.
CHILD CUSTODY
The court shall not issue a final order until at least ninety days from the date of filing the petition in an action for divorce where there are minor children involved. This final order may be waived; however, during the ninety-day period the court may require the parties attend and complete a parenting educational program.
As long as the child’s best interests are preserved, the court will approve parental decisions concerning their children. Joint legal custody ensures that each parent will be involved in the important decisions concerning the child's developmental issues.
CHILD SUPPORT
Oklahoma’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may be extended through the child’s secondary education.
VENUE
A divorce action in Oklahoma may be filed in the county in which the plaintiff has been a resident for the thirty days immediately preceding the filing of the petition, or in the county where the defendant is a resident.
MEDIATION
Before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation, allowing them to proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
There is no residency time limit if the marriage took place in Oregon and one spouse is a resident of Oregon. One spouse must have been a resident of Oregon for six months prior to filing, if the marriage was not performed in Oregon.
GROUNDS Oregon recognizes irreconcilable differences between spouses causing an irretrievable breakdown of the marriage as a one of the grounds for divorce. Further, consent to marry obtained by fraudulent means or under duress or force, or a minor was married without lawful consent, are also considered grounds to divorce in the State of Oregon.
Where child custody is an issues, fault may be considered as grounds for divorce.
CHILD CUSTODY
In Oregon, the parents will be required to develop and file with the court a "parenting plan,” outlining how parental responsibilities and parenting time is to be shared, in any divorce proceeding in which the custody of minor children is involved. Joint legal custody affords each of the parents to be actively involved in making the important decisions concerning their child's development. As long as the decisions made by the parents are consistent with the child’s best interests, the court will approve the decisions made by parents concerning their child's custodial arrangement.
CHILD SUPPORT
Oregon’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and other child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
In Oregon, a divorce proceeding shall commence and be tried in the county in which one of the parties resides.
MEDIATION
The court shall refer the divorce action in which it appears custody, parenting time or visitation of a child are contested for mediation to or concurrent with the setting of the matter for hearing. Before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation. If an agreement is reached in mediation, the parties may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file a divorce in Pennsylvania, one spouse must have been a resident of the state for at least six months prior to filing. The court may grant a final divorce three months after the responding parent has been served with the action, if the situation remains uncontested.
GROUNDS Pennsylvania recognizes the irretrievable breakdown of the marriage with spouses living separate and apart without cohabitation for two years as grounds for a no-fault divorce. Further, an irretrievable breakdown of the marriage where the parties have signed and filed affidavits stating that they consent to the divorce is also recognized as a no-fault ground for divorce.
Some of Pennsylvania’s fault-based grounds for divorce include, but are not limited to adultery, imprisonment for two or more years, willful desertion or cruel and inhuman treatment.
CHILD CUSTODY
Pennsylvania courts award custody, joint or sole, based on the preservation of the best interests of the child. Joint custody ensures that both parents will be involved in the important decisions concerning their child's development, but does not typically provide that both parents will spend equal time with the child. As long as the best interests of the child are preserved, the court will generally approve the parents’ child custody agreement.
CHILD SUPPORT
Pennsylvania’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments should continue until the child reaches eighteen years of age, and may be extended through the child’s secondary education.
VENUE
A divorce proceeding in the State of Pennsylvania may be initiated in the county where the defendant resides. If defendant is out of this Commonwealth, then the action may be brought where plaintiff resides.
MEDIATION
Before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in Rhode Island, one spouse must have been a resident of the state for at least one year before filing.
GROUNDS
The State of Rhode Island considers irreconcilable differences, which have caused the irreversible breakdown of the marriage as no-fault grounds for divorce.
Rhode Island’s fault based grounds for divorce include, but are not limited to, adultery, impotence, alcoholism, substance abuse, willful desertion for five years and extreme cruelty.
CHILD CUSTODY
The parents may agree upon joint custody or the court may grant custody to either parent. Although joint custody affords the parties equal decision-making power, it does not necessarily insure each parent equal time with the child.
CHILD SUPPORT
Rhode Island’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
When filing for divorce in Rhode Island, the proceeding will generally be filed in the county where the petitioning spouse resides.
MEDIATION
In an effort to resolve their differences regarding custody and visitation for divorce in Rhode Island, the Family Court may direct the parties to participate in mediation. Before or after the divorce the parties may agree to submit disputed issues to mediation. The parties may proceed in court on an uncontested basis if agreements are reached in mediation.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS:
In order to file for Divorce in South Carolina either you or your spouse must have resided in South Carolina for a certain period of time. Only one of the following must be true:
(1) you have lived in South Carolina for at least one year;
(2) your spouse has lived in South Carolina for at least one year (and you live outside the State of South Carolina); or
(3) you and your spouse both live in South Carolina and you have lived in South Carolina for at least three months (before filing your divorce case.)
GROUNDS
No-fault:
The parties having lived separate and apart without cohabitation for a period of one year or longer.
CHILD CUSTODY
The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the right to contribute to the decision-making process concerning the child's development and well-being. You can have joint legal custody and still have one parent as the primary residential parent with the other parent having a parenting time schedule. Joint legal and joint physical custody is when both parents have joint legal custody and the child or children reside equally with each parent.
CHILD SUPPORT
South Carolina’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
RESIDENCY REQUIREMENTS:
in South Dakota, the spouse filing for divorce must be a resident of the state or be stationed in the state while a member of the armed services at the time of filing and until the divorce is final. South Dakota has no minimum residency requirement.
GROUNDS
South Dakota’s no-fault grounds for divorce are irreconcilable differences, causing the irretrievable breakdown of the marriage.
Some fault-based grounds for divorce in South Dakota include, but are not limited to, adultery, conviction of a felony, willful desertion and cruel or inhuman treatment.
CHILD CUSTODY
in an effort to preserve the best interests of the child, the court may order joint legal custody, taking into consideration the wishes of the parents. The court may also grant one of the parents sole responsibility over all aspects of the child's welfare, or may divide parenting duties between the parties, in based on protecting the child’s best interests. Generally, the court will approve any agreement reached by the parties regarding parenting, so long as the best interests of the child are adhered to. The court will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the child's best interest.
CHILD SUPPORT
South Dakota has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
VENUE
An action for divorce may be brought in the county of residence of either party.
MEDIATION
The Courts of South Dakota are authorized to order mediation for any custody or visitation dispute between parents. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS:
In order to file for Divorce in Tennessee you must meet one of the following requirements:
1. The plaintiff or the defendant has resided in this state six (6) months next preceding the filing of the complaint; or
2. Any person in the armed services of the United States, or the spouse of any such person, who has been living in this state for a period of one (1) year or longer shall be presumed to be a resident of this state.
GROUNDS
The most common ground is for irreconcilable differences between the parties.
Other grounds allowed may require proof or additional testimony, which are:
(1) Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
(2) Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
(3) Either party has committed adultery;
(4) Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
(5) Being convicted of any crime that, by the laws of the state, renders the party infamous;
(6) Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
(7) Either party has attempted the life of the other, by poison or any other means showing malice;
(8) Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
(9) The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
(10) Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
(11) The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
(12) The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
(13) The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;
(14) Irreconcilable differences between the parties; and
(15) For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.
CHILD CUSTODY
The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the right to contribute to the decision-making process concerning the child's development and well-being. You can have joint legal custody and still have one parent as the primary residential parent with the other parent having a parenting time schedule. Joint legal and joint physical custody is when both parents have joint legal custody and the child or children reside equally with each parent.
CHILD SUPPORT
Tennessee’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. In Tennessee, the duty to support continues until the child is emancipated. If the child is 18 and still in high school, the duty to support continues until the child graduates, or the class of which the child is a member when he/she turns 18 graduates, whichever occurs first.
DivorceFiller is not a substitute for the advice of an attorney.
RESIDENCY REQUIREMENT
At least one party (husband or wife or both) must have lived in Texas for at least the six months prior to filing for divorce. In addition, the spouse who files the case (the petitioner) must have been a resident of the county where he/she lives for at least the ninety days prior to filing.
GROUND FOR DIVORCE
Texas is a no-fault state. This means that parties can allege that the marriage is insupportable, and obtain a divorce without stating additional grounds.
Texas also recognizes fault bases for divorce, including adultery, cruelty, conviction of a felony and abandonment. It is not necessary to claim one of these fault based grounds.
PARENTING ISSUES
Texas law favors joint managing conservatorship, meaning both parents continue to participate in the decision making and other important issues involving their children. Typically, the children will reside primarily with one parent but have significant contact (visitation) with the other parent.
The courts will accept parental agreements regarding custody, but the courts favor the use of the Standard Possession Order. DivorceFiller provides the Standard Possession Order and will also allow you to enter your own parenting agreement.
CHILD SUPPORT
Texas has state mandated guidelines for child support, based on the income of the paying parent. You may choose to deviate from the state guidelines, if the deviation is reasonable and well founded, the court will likely approve the deviation.
DivorceFiller calculates child support based on the information provided. This is a calculation tool only, it is not a substitute for legal advice.
LEGAL ADVICE
DivorceFiller employees cannot provide legal advice. If you have a complicated or contested case, you should seek the assistance of a qualified family law attorney.
The laws and explanations provided by DivorceFiller are regarding the general issues addressed with each page. There are no explanations provided based on specific legal questions from our users and explanations are not specific to any real, individual factual circumstances. DivorceFiller is not a substitute for the advice of an attorney.
FILING FEES
Texas court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
When filing for divorce in Utah, either party must have been a resident of both the state and of the county where the divorce is filed for at least three months.
GROUNDS
Utah’s no-fault grounds for divorce are irreconcilable differences of the marriage, or living separate and apart for three years, without cohabitation, under a judicial decree of separation.
Some of Utah’s fault-based grounds for divorce include, but are not limited to, adultery, conviction of a felony, impotence, willful desertion for one year and drunkenness.
If the parties have produced a child from the marriage, the divorce decree may not be granted until both parents have attended a mandatory parenting education course and are able to present the certificate of completion of this course to the court.
CHILD CUSTODY
If the court determines that it is acting in the best interests of the child, it may order joint legal custody. Either both parents will agree to an order of joint legal custody or both parents will be deemed capable of implementing joint legal custody. Although joint legal custody does not usually mean that the children will share their time equally between the parties, it affords each parent the right to be involved in the important decisions regarding the children’s upbringing.
CHILD SUPPORT
Utah’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
MEDIATION
In Utah, the parties will be asked to choose from a list of mediators which the court will provide in all cases where there are contested issues regarding child custody or visitation. In a pending divorce, either party may file a motion requesting mediation of the disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings. This will enable the case to proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file for divorce in Vermont, the filing spouse must have been a resident of the state for at least six months. In addition, before the final divorce will be granted Further, one spouse must have been a resident for one year before a final divorce will be granted.
GROUNDS
Vermont’s no-fault grounds for divorce include living separate and apart without cohabitation for six consecutive months without probable resumption of marital relations.
Vermont’s fault-based grounds include, but are not limited to, adultery, willful desertion for seven years, cruel and inhuman treatment and gross neglect.
CHILD CUSTODY
Courts in Vermont recognize that the children’s best interests will be served if both parents are actively involved with their upbringing after the divorce. As long as the agreement appears to be in the child’s best interests, the courts will recognize an agreement that the parents come to regarding the issues of legal and physical responsibility. The Vermont courts will typically not award joint legal or physical responsibilities if the court is required to decide custody in contested situations.
CHILD SUPPORT
Vermont’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating the child support obligation. The child support obligation will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education. Child support will typically be paid by wage assignment.
VENUE
A divorce action may be initiated in Vermont in the county in which either party resides.
MEDIATION
In a pending divorce, either party may file a motion requesting mediation of disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings. This will insure that the case will proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
When filing for divorce in Virginia, one spouse must have been a resident of the state for at least six months.
GROUNDS
Virginia’s no-fault ground for divorce is living separate and apart without cohabitation for one year.
Some of Virginia’s fault-based grounds for divorce include, but are not limited to, adultery, conviction of a felony, imprisonment for one year and cruelty.
CHILD CUSTODY
Virginia’s courts support the concept of joint legal custody, which affords both of the parents a right to be involved in the decision-making process regarding their child’s upbringing. Joint legal does not always insure equal custody time between the parents. As long as the child’s best interests are preserved, the court will generally approve custody agreements reached by the parents.
CHILD SUPPORT
Virginia’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
MEDIATION
In a pending divorce, either party may file a motion requesting mediation of the disputed issues in their case. The parties may choose to submit any or all of the contested issues to mediation prior to the initiation of divorce proceedings. This will insure that the case will proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
MAIL IN FILING
In Washington State you may complete your divorce without appearing in court by filing in Wahkiakum County. Wahkiakum County accepts divorce petitions by mail and completes the divorce without any party ever going to the courthouse. Both parties must agree to have the matter resolved in Wahkiakum County. The parties do not need to live in Wahkiakum County.
Once you complete the questions on this site you simply mail the forms to the courthouse and they will be returned, signed by the court. No appearance in court will ever be necessary. If you wish to complete your divorce in this manner, make sure that you choose Wahkiakum County when DivorceFiller asks which county.
Specific, simple instructions regarding completing this process, including the address of the courthouse, are provided by DivorceFiller when you finish answering the questions here on line.
RESIDENCY
In order to file your divorce in Washington State, either you or your spouse must live in Washington. Living in Washington simply means actually being in Washington with the intent to make Washington your home. There are no specific time limits regarding how long you must reside in Washington.
FORMS
The forms produced by DivorceFiller are the forms issued by the State of Washington Office of the Administrator of the Courts. They are mandatory for use throughout the state.
FILING FEES
Washington court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for a divorce in the District of Columbia, either spouse must have resided there for at least six months. Military personnel are eligible to file for divorce if they have been stationed in the District of Columbia for six months.
GROUNDS
A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married.
CHILD CUSTODY
The parties may agree to the child custody arrangements that they feel are best for their child(ren). The court may award joint or sole custody in a contested situation according to the best interests of the child. There shall be a refutable presumption that joint custody is in the best interest of the child.
CHILD SUPPORT
The District of Columbia’s specific child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating child support obligations. Child support will continue until the child reaches 18 years of age, and may be extended through his or her secondary education.
MEDIATION
Mediation may be requested through a motion filed by either party in an attempt to resolve disputed issues, if a divorce is pending. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings, so that they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in West Virginia, the filing spouse must have been a resident of the state for at least one year. If the marriage was performed in state, and one party resides in the state, there is no required residency period.
GROUNDS
Irreconcilable differences and living separate and apart without cohabitation and without interruption for one year are the no-fault grounds for divorce in West Virginia.
West Virginia’s fault based grounds for divorce include, but are not limited to, adultery, abandonment for six months, alcoholism or substance abuse, and cruel and inhuman treatment.
CHILD CUSTODY
The courts in West Virginia presume that the child’s primary parent, as the physical caregiver, will be awarded custody in a contested case. It is possible, however, for either parent to be awarded custody, and there is no gender-based bias favoring either parent in custody decisions. If it appears to be in the children’s best interest, the court will approve an agreement concerning custody reached by the parents.
CHILD SUPPORT
West Virginia’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income, as well as certain child related expenses, will be taken into consideration when calculating the child support obligation. The child support obligation will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
Divorce actions in West Virginia shall be brought in the county in which the parties last cohabited, if the responding party is a resident of the state. Alternatively, at the option of the petitioner, the action may be initiated in the county in which the responding resides. If the responding party is not a resident of the state, then the action shall be brought in either the county in which the petitioner resides, or in the county in which the parties last cohabited.
MEDIATION
The court in West Virginia may refer the parties to mediation in any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
In order to file a divorce in Wisconsin, one spouse must have been a resident of the State for six months. Further, the spouse must also be a resident of the county where the divorce will be filed for thirty days prior to filing.
GROUNDS
Only the irretrievable breakdown of the marriage can be considered grounds for divorce in Wisconsin.
CHILD CUSTODY
As long as the child’s best interests are preserved, the court may award joint legal custody and either:
• There is an agreement between both parties for joint legal custody, or
• If the parties do not agree to joint legal custody, but only one party would like joint legal custody and the court specifically finds the following:
a. Both parties wish to have an active role in raising the child and are capable of performing parental duties and responsibilities;
b. The exercise of joint legal custody would not substantially interrupted by existing;
c. The decision-making responsibilities required by an award of join legal custody would not be hampered by the parties’ inability to cooperate.
As long as the agreement appears to be in the children's best interest, the court will approve custody arrangements agreed upon by the parents.
CHILD SUPPORT
Wisconsin’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payment will continue until the child reaches eighteen years of age, and may be extended through the child’s secondary education.
VENUE
A divorce action in the State of Wisconsin can be initiated in the county where the defendant resides. If the responding party is out-of-state, the divorce action may be initiated in any county designated by the plaintiff.
MEDIATION
Every county in the State of Wisconsin provides mediation for contested issues. A custody issue may be referred to mediation by the court or upon request of a party. In a pending divorce, either party may file a motion requesting mediation of the disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings in order that their case may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
RESIDENCY REQUIREMENTS
Before filing for divorce in Wyoming, the filing spouse must have been a resident of the State for sixty days prior to filing. If, however, the marriage was performed in Wyoming and the filing spouse resides in state until the divorce is final, there are no residency requirements.
GROUNDS
Irreconcilable differences are the only grounds for no-fault divorce in the State of Wyoming. Wyoming’s fault based ground for divorce is confinement for incurable insanity for two years.
CHILD CUSTODY
Joint legal custody is supported and recognized by the courts in. Both parents are afforded the right to make important decisions regarding their child’s upbringing and well-being in joint custody arrangements, although this type of custody does not afford Joint legal custody does not require that the child spend an equal amount of time with each parent. As long as the best interests of the child are preserved, the court will generally approve any agreement concerning custody reached by the parents.
CHILD SUPPORT
Wyoming has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes, as well as certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
VENUE
In Wyoming, a divorce action may be initiated in the District Court of the county in which either party resides.
MEDIATION
In a pending divorce, either party may file a motion requesting mediation of the disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings in order that they may proceed in court on an uncontested basis.
FILING FEES
Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
In Alberta, the plaintiff is the spouse filing the divorce and the defendant is the other spouse.
An uncontested or undefended case is called a desk divorce. This means that the spouses agree on the terms of the divorce.
You should file in the city, county or municipality where you or your spouse live. If there are children involved with the case, you will need to file where the children live.
You will need to have or obtain your marriage certificate. If you do not have an original of the certificate, you may obtain one by contacting the Vital Statistics Agency (https://secure.ssa.gov/poms.nsf/lnx/0200312078). You do not need to wait until you have it to proceed with DivorceFiller.
In 1986 Canada passed the Divorce Act, a federal act which applies to all provinces and territories in Canada. The Divorce Act sets out the grounds for divorce. There are both fault and no fault bases. The Divorce Act also covers spousal and child support and child custody. Property and debt distribution fall under provincial or territorial law.
DivorceFiller provides the documents necessary to complete a divorce under the Divorce Act and provides a separation agreement which covers property and debt issues. An agreement must be reached regarding property and debt issues in order to process the separation agreement. If agreement cannot be reached regarding these issues, you may need to contact an attorney.
RESIDENCY
You may file in any province or territory where either spouse has resided for the prior year. If there are children involved with the case, you will need to file where the children reside.
GROUNDS FOR DIVORCE
There are three possible grounds for a divorce in Canada, as follows:
1) Living separate and apart for at least one year before the divorce judgment. This is the no-fault basis. The divorce may be filed before the year has passed, but the final judgment will not issue until after the one year period has run. It is possible to live separate and apart while still living in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation. Usually, the court will not question this issue.
2) Adultery; or 3) Cruelty. These last two grounds are only available to the filing spouse. This means that if you are the spouse who committed adultery, you cannot also be the spouse who requests the divorce. These two grounds do not have the one year time limit, but are much more difficult to establish and the court may question them and require evidence regarding them. Using these grounds also make it impossible, in some provinces, to file a joint petition, which simplifies the process.
DIVISION OF PROPERTY
Questions of property and debt division are governed by provincial or territorial law. The laws vary, but generally recognize that property obtained during the marriage is shared and have some mechanism for dividing it. In order to have property and debt divided using DivorceFiller, you will need to have an agreement regarding the division.
In British Columbia, the plaintiff is the spouse filing the divorce and the defendant is the other spouse.
An uncontested or undefended case is called a desk divorce. This means that the spouses agree on the terms of the divorce.
You should file in the city, county or municipality where you or your spouse live. If there are children involved with the case, you will need to file where the children live.
You will need to have or obtain your marriage certificate. If you do not have an original of the certificate, you may obtain one by contacting the Vital Statistics Agency (http://www.vs.gov.bc.ca/marriage/certificate.html). You do not need to wait until you have it to proceed with DivorceFiller.
In 1986 Canada passed the Divorce Act, a federal act which applies to all provinces and territories in Canada. The Divorce Act sets out the grounds for divorce. There are both fault and no fault bases. The Divorce Act also covers spousal and child support and child custody. Property and debt distribution fall under provincial or territorial law.
DivorceFiller provides the documents necessary to complete a divorce under the Divorce Act and provides a separation agreement which covers property and debt issues. An agreement must be reached regarding property and debt issues in order to process the separation agreement. If agreement cannot be reached regarding these issues, you may need to contact an attorney.
RESIDENCY
You may file in any province or territory where either spouse has resided for the prior year. If there are children involved with the case, you will need to file where the children reside.
GROUNDS FOR DIVORCE
There are three possible grounds for a divorce in Canada, as follows:
1) Living separate and apart for at least one year before the divorce judgment. This is the no-fault basis. The divorce may be filed before the year has passed, but the final judgment will not issue until after the one year period has run. It is possible to live separate and apart while still living in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation. Usually, the court will not question this issue.
2) Adultery; or 3) Cruelty. These last two grounds are only available to the filing spouse. This means that if you are the spouse who committed adultery, you cannot also be the spouse who requests the divorce. These two grounds do not have the one year time limit, but are much more difficult to establish and the court may question them and require evidence regarding them. Using these grounds also make it impossible, in some provinces, to file a joint petition, which simplifies the process.
DIVISION OF PROPERTY
Questions of property and debt division are governed by provincial or territorial law. The laws vary, but generally recognize that property obtained during the marriage is shared and have some mechanism for dividing it. In order to have property and debt divided using DivorceFiller, you will need to have an agreement regarding the division.
In Manitoba, the petitioner is the spouse filing the divorce and the respondent is the other spouse. The parties can also file together as co-petitioners.
An uncontested or undefended case is called an affidavit divorce. This means that the spouses agree on the terms of the divorce.
You should file in the city, county or municipality where you or your spouse live. If there are children involved with the case, you will need to file where the children live.
You will need to have or obtain your marriage certificate. If you do not have an original of the certificate, you may obtain one by contacting the Vital Statistics Agency. You do not need to wait until you have it to proceed with DivorceFiller.
In 1986 Canada passed the Divorce Act, a federal act which applies to all provinces and territories in Canada. The Divorce Act sets out the grounds for divorce. There are both fault and no fault bases. The Divorce Act also covers spousal and child support and child custody. Property and debt distribution fall under provincial or territorial law.
DivorceFiller provides the documents necessary to complete a divorce under the Divorce Act and provides a separation agreement which covers property and debt issues. An agreement must be reached regarding property and debt issues in order to process the separation agreement. If agreement cannot be reached regarding these issues, you may need to contact an attorney.
RESIDENCY
You may file in any province or territory where either spouse has resided for the prior year. If there are children involved with the case, you will need to file where the children reside.
GROUNDS FOR DIVORCE
There are three possible grounds for a divorce in Canada, as follows:
1) Living separate and apart for at least one year before the divorce judgment. This is the no-fault basis. The divorce may be filed before the year has passed, but the final judgment will not issue until after the one year period has run. It is possible to live separate and apart while still living in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation. Usually, the court will not question this issue.
2) Adultery; or 3) Cruelty. These last two grounds are only available to the filing spouse. This means that if you are the spouse who committed adultery, you cannot also be the spouse who requests the divorce. These two grounds do not have the one year time limit, but are much more difficult to establish and the court may question them and require evidence regarding them. Using these grounds also make it impossible, in some provinces, to file a joint petition, which simplifies the process.
DIVISION OF PROPERTY
Questions of property and debt division are governed by provincial or territorial law. The laws vary, but generally recognize that property obtained during the marriage is shared and have some mechanism for dividing it. In order to have property and debt divided using DivorceFiller, you will need to have an agreement regarding the division.
In New Brunswick, the petitioner is the spouse filing the divorce and the respondent is the other spouse.
An uncontested or undefended case is called an affidavit divorce. This means that the spouses agree on the terms of the divorce.
You should file in the city, county or municipality where you or your spouse live. If there are children involved with the case, you will need to file where the children live.
You will need to have or obtain your marriage certificate. If you do not have an original of the certificate, you may obtain one by contacting the Vital Statistics Agency. You do not need to wait until you have it to proceed with DivorceFiller.
In 1986 Canada passed the Divorce Act, a federal act which applies to all provinces and territories in Canada. The Divorce Act sets out the grounds for divorce. There are both fault and no fault bases. The Divorce Act also covers spousal and child support and child custody. Property and debt distribution fall under provincial or territorial law.
DivorceFiller provides the documents necessary to complete a divorce under the Divorce Act and provides a separation agreement which covers property and debt issues. An agreement must be reached regarding property and debt issues in order to process the separation agreement. If agreement cannot be reached regarding these issues, you may need to contact an attorney.
RESIDENCY
You may file in any province or territory where either spouse has resided for the prior year. If there are children involved with the case, you will need to file where the children reside. GROUNDS FOR DIVORCE There are three possible grounds for a divorce in Canada, as follows:
1) Living separate and apart for at least one year before the divorce judgment. This is the no-fault basis. The divorce may be filed before the year has passed, but the final judgment will not issue until after the one year period has run. It is possible to live separate and apart while still living in the same home, as long as at least one of the spouses intended for there to be a separation and there was actually some manner of separation. Usually, the court will not question this issue.
2) Adultery; or 3) Cruelty. These last two grounds are only available to the filing spouse. This means that if you are the spouse who committed adultery, you cannot also be the spouse who requests the divorce. These two grounds do not have the one year time limit, but are much more difficult to establish and the court may question them and require evidence regarding them. Using these grounds also make it impossible, in some provinces, to file a joint petition, which simplifies the process.
DIVISION OF PROPERTY
Questions of property and debt division are governed by provincial or territorial law. The laws vary, but generally recognize that property obtained during the marriage is shared and have some mechanism for dividing it. In order to have property and debt divided using DivorceFiller, you will need to have an agreement regarding the division.
WHAT RULES GOVERN DIVORCE IN ONTARIO?
Divorce in Ontario is governed by the Divorce Act of Canada.
To get a divorce in Ontario, you will have to show that your marriage has broken down. The law says marriage breakdown has occurred if:
• you and your spouse have lived separate and apart for one year with the idea that your marriage is over; or
• your spouse has committed adultery (had sexual intercourse with someone else); or
• your spouse has been physically or mentally cruel to you, making it unbearable to continue living together.
Cruelty may include acts of physical violence and those causing severe mental anguish.
*Most divorces in Canada are based on one year of separation. Note that 'living separate and apart' does not necessarily mean living in separate homes - you can be separated but share the same home for various reasons (children, money, etc.).
RESIDENCY
Either your or your spouse's current regular place of residence must be in Ontario and must have been so for at least one consecutive year at the time the divorce is filed. If this is not the case, you cannot start the divorce until at least one of you has been residing here for a full year. There is one exception: you can file for divorce in Ontario if neither spouse lives Ontario if (a) the marriage was performed in Ontario and (b) your home country/state does not recognize the validity of your marriage (e.g. same sex marriage).
UCONTESTED DIVORCE SERVICE
We provide ucontested divorces, where both parties are in agreement about the terms of the divorce. If you have disagreements as to division of property, support and/or child-related issues and want the court to deal with the disagreements, www.DivorceFiller is not for you. If you use www.DivorceFiller to file your divorce and your spouse contests it or makes his or her own claim(s), our services end at this point. You will have to continue on your own or get a traditional divorce lawyer.
Legal Basis for Divorce
To use www.DivorceFiller your divorce must be based on one year of 'separation', adultery (but only where the cheating spouse will admit the adultery in writing and the filing party cannot be the party that committed the adultery) or physical or mental cruelty (the filing party cannot be the party that committed the cruelty and you will need to set out sufficient facts to show that this ground applies to your situation.)
Separation
The Divorce Act requires that you have been 'living separate and apart' for one year. 'Living separate and apart' does not necessarily mean in separate residences. www.DivorceFiller has filed many divorces where the spouses are still sharing the same residence for economic or child-related reasons. You would simply need to state that you live in separate areas of the home. Also note: you can file your divorce before your one-year separation is complete - however, the divorce cannot be finalized until the year is up.
Separation Agreement
The courts do not require that you have a separation agreement - however any lawyer would recommend that you have one - particularly where you have children and/or own property that must be divided. www.DivorceFiller will include a Separation Agreement in your forms packet if you have any of these issues present in your marriage.
Children
The Divorce Act requires the court "to satisfy itself that reasonable arrangements have been made for the support of any" minor children. Some judges may force you to at least request an order for support if your spouse is not paying. www.DivorceFiller will include a Separation Agreement that covers custody, parenting time and child support.
Child Support
DivorceFiller wil provide you with the information necessary to determine the appropriate amount of child support. If you are the support payor and you are paying less than what the Federal Child Support Guidelines say that you should be paying, it is very likely that the court will not grant your divorce unless you agree to the proper level of support or unless you have a written agreement or written consent from your spouse with a very good explanation for the lower amount of support. www.DivorceFiller will not guarantee a divorce where the Applicant is not paying proper child support in most situations.