Divorce laws vary from state to state in the US. Some are considered “no-fault” states, which means that you can get a divorce without proving that your spouse did anything wrong. Other states have fault grounds for divorce, which require you to prove that your spouse did something wrong that led to the breakup of the marriage. In addition, some states allow for no-fault divorces but have stricter residency requirements than other states. This article will outline the different divorce laws in various states in the US.
What is the divorce process in each state?
Here’s the process of divorce in each state.
Divorce in Kentucky
Divorce in Kentucky is a bit different than in other states in the US. It is what is known as a “no-fault” divorce state. It means that you do not have to prove that your spouse did anything wrong to get a divorce. To get a divorce in Kentucky, you must file a petition with the court and serve your spouse with the petition. Your spouse has 30 days to respond.
You can continue the process if your spouse does not respond to the divorce proceedings. After filing the appropriate paperwork, the court will set a date for a hearing. During this time, both partners will be able to voice their opinions. The court will then decide whether to grant divorcing couples’ requests.
Divorce in New York
It is a “no-fault” divorce state, meaning you do not have to prove that your spouse did anything wrong to get a divorce. To start a divorce, you must file a petition with the court and serve your spouse with the petition. They then have twenty days to respond to the petition, and you can still proceed with the divorce if they do not respond.
After you file the paperwork, the court will set a day for a hearing. During this time, both spouses can present their side of the story. Afterward, the court decides if they will grant the divorce.
Divorce in California
California is a “no-fault” divorce state, meaning you do not have to prove that your spouse did anything wrong to get a divorce. To get a divorce in California, you must file a petition with the court and serve your spouse with the petition. They have 30 days to respond to the petition. If they do not respond, you can still proceed with the divorce.
At the hearing, both will have an opportunity to present their cases. The court will then decide whether to grant the divorce.
There are requirements for filing for divorce in some states. For example, you must have lived in the state for at least six months to file for divorce in California. To file for divorce in NY, you must have lived in the state for at least one year. And to file for divorce in Texas, you must have lived in the state for at least six months.
What are the grounds for divorce in each state?
Each state has different grounds for divorce. Some states have fault grounds, which require you to prove that your spouse did something wrong that led to the breakup of the marriage. Other states have no-fault grounds, meaning you do not have to prove that your spouse did anything wrong to get a divorce. Here are the grounds for divorce in each state:
Alabama
There are both fault and no-fault grounds for divorce in Alabama. The no-fault ground is irreconcilable differences, which means that the marriage has broken down, and there is no hope of reconciling. The fault grounds include adultery, abandonment, mental illness, and imprisonment.
Alaska
The only ground for divorce in Alaska is irreconcilable differences, which means that the marriage has broken down, and there is no hope of reconciling.
Arizona
There are both grounds for divorce in Arizona. The no-fault ground is irreconcilable differences, which means that the marriage has broken down, and there is no hope of reconciling. The fault grounds include adultery, abandonment, mental illness, and imprisonment.
Arkansas
There are both grounds for divorce in Arkansas. The no-fault ground is irreconcilable differences, which means that the marriage has broken down, and there is no hope of reconciling. The fault grounds include adultery, abandonment, mental illness, and imprisonment.
California
The only ground for divorce in California is irreconcilable differences, which means that the marriage has broken down, and there is no hope of reconciling.
What is the difference between a contested and uncontested divorce proceeding in different states?
A contested divorce is when you and your spouse cannot agree on issues. These include child custody, visitation, support, property division, or alimony. A contested divorce often costs more money and time than an uncontested one. Uncontested divorces are when both spouses agree on all the mentioned points before going into court procedures.
In California, there’s no such thing as an “uncontested” divorce. It is because California requires that all divorces go through a mandatory settlement conference before trial. At the settlement conference, the judge will try to help the spouses agree on the issues. If the spouses cannot agree, the case will go to trial.
Unlike in some states, New York differentiates between contested and uncontested divorces. It is considered uncontested if spouses agree on all issues in a divorce. However, if they disagree on one or more issues, the divorce is classified as contested.