why you need a criminal lawyer at your side

3 Ways Divorce Laws In Your State Can Affect You

Many couples assume that when they get a divorce, it is a relatively similar process no matter where they live. However, every state does have its own divorce laws in place that are closely regarded as two people go through the process. These laws can affect certain aspects of the divorce, and it is helpful if you do some research on the divorce laws in your state before you speak to an attorney about your situation. Here is a look at some of the ways the divorce laws may affect what happens during your divorce process. 

Divorce laws can dictate how long you have to be separated before the divorce. 

One of the most common ways laws can affect how you file for a divorce is by requiring that you stay separated for a certain period of time. For example, if you live in a state that requires you to be separated for 90 days before you can file for a divorce, the two of you will have had to live at a separate physical address before you can actually file for a divorce. These laws are in place to help deter couples who file for a divorce and then change their mind. Through a legal separation of a certain time frame, it is easier to establish that the two people want to be apart. 

Divorce laws can dictate what reasons will allow you to file for divorce. 

Another thing that can really affect the divorce is state laws that give specific reasons for why a person can choose to file. Most states now recognize what is considered a "no-fault" divorce, which is basically a divorce that can be filed without a specific reason given. However, there are still some states that require only specific situations as reasons for filing. For example, you may have to state that one of the following is true for the two of you: 

  • You have some kind of irreparable differences 
  • You have experienced alienation of affection 
  • You have been through the infidelity of one or both parties

Divorce laws can dictate who gets what property. 

Even though there are a lot of assumptions about who gets to keep what during a divorce, many assumptions are not true. For example, many people assume that the person who has full custody of the kids will get to keep the house, which is not always true. State laws can dictate who gets what property and how the property should be fairly divided. 

To learn more, contact a resource like Cooper Levenson Attorneys At Law.