Know Divorce Laws In Your State or Country

Every state in the U.S has different laws about divorce. There is no federal divorce law. So it's important to educate yourself about your own jurisdiction's statutes on Marriage Dissolution, Divorce, Child Custody and Alimony, so you know what's typical or required for your state.

Most states, provinces and countries have websites that give citizens access. Some of the details that apply to everyone in the jurisdiction are listed below. Some may be found in statues and some may require information from an attorney as to what the norm is.  Below is general information. Specific information provided to clients may only be done by a licensed attorney.

Use the Divorce Facts in Your Jurisdiction to Gather and Organize this Information 

Topics you need to know in advance. https://www.divorcenet.com/topics/state-divorce-and-family-laws

1. Residency Requirements. Have you resided in your state and county long enough to file for divorce or separation?
2. Grounds for Divorce. What reasons for divorce does your state recognize? All states in the U.S. have some form of no-fault divorce, if you don't want the expense of a criminal-style trial.
3. Legal Separation (Six states do not recognize legal separation: Delaware, Texas, Pennsylvania, Mississippi, Georgia, and Florida.) Is it recognized in your state? What are the guidelines?
4. Determining Date of Separation. This is very important. Some state base it on nights spent under the same roof. Some base it on having consensual sex. Don't let your hormone re-set the separation clock.
5. If served papers, how much time is allowed for responding?
6. Property Division: The division could go very differently depending on whether you live in a Community Property State or an Equitable Distribution State.
7. Countdown time on Court Calendar once you have filed for marital dissolution (divorce). Some states require a longer waiting period.
8. The waiting period between filing Divorce Settlement Agreement and Decree Date.
9. Child Custody – Visitation – Time Sharing Guidelines – Parenting Plan Requirement. Will you have to take any online on in-person classes?
10. Child Support Published Guidelines-Worksheets on online calculators (Do a search for "child support calculator for ___[your state]___")
11. Parenting Coordinators – Court Status of Recommendations from Parenting Coordinators.
12. Alimony or Spousal Support Guidelines, unbundled legal services, limited scope representation, and discrete task representation (aka a-la-carte services).
13. Is there Support for Pro-Se Litigants (Do It Yourself, Self-Represented) available (see links below)
14. Guardian ad Litem roles for representing a child’s legal rights

 

Find out for yourself what the situation is in your state relative to the following areas, as examples of issues where your client may get legal advice. https://www.divorcenet.com/topics/state-divorce-and-family-laws   For example:

• Is Divorce referred to by another name, like the "dissolution of marriage"?
• Is Mediation required by the court?
• Is there a period of separation required before or after filing for divorce?
• Equal Distribution or Equitable Distribution State?
• Considerations for Alimony
• What are the qualifying years for short term marriage vs long term marriage?
• What determines the date of separation (start of divorce process)
• Are there Parenting Coordinators?
• Is a Parenting Plan Required to be Filed?
• Is a Parenting Class Required?
• Marital versus non-marital property?
• Is Unbundled Legal Services or Limited Scope Attorney Engagements allowed?
• Can you remove guns or other weapons from the home if you're concerned about violence? Here's the link to gun and firearms laws in each state: https://www.disarmdv.org/

 

 

Online Resources for Divorce Statutes

Resources for US States Divorce Laws:  https://www.divorcenet.com/topics/state-divorce-and-family-laws

Resources for Canadian Divorce laws:  www.canadiandivorcelaws.com

Resources for Australian Divorce Laws: www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce

Resources for UK Divorce Laws: www.gov.uk/divorce/overview

 

Child Support Calculators / Spousal Support Calculators (Alimony)

Child support and alimony (spousal support) calculators are online for some U.S. states. Know your state's general guidelines before you negotiate.
Do an online search for this phrase: child support calculator for [your state]  OR spousal support calculator for [your state]. Fill in the form to the best of your ability and see what the online calculator determines as an approximate support payment. For advice in your personal situation, consult with an attorney in your area.

 

Find out your Divorced Spouse Social Security Benefits

If you are 62 years old or older and were married for 10 years, and have not yet remarried, you may be eligible for social security benefits (even if your spouse has remarried). See https://www.benefits.gov/benefit/4388

 

Resources for High-Conflict Child Custody and Parental Alienation Situations

DV LEAP and the Dept. of Justice’s Office on Violence Against Women: Custody Resources

For books on parental alienation during or after divorce, scroll down to Topic 10 in the Life-Saving Divorce book list.

Office of Child Support Enforcement helps you collect back child support if your ex moves to another state: OSCE

Know how to show evidence that you put your child's best interest first: The Holley Factors.

For parents whose children are doing poorly in school due to ADD/ADHD, learning disabilities, trauma, visual/auditory, speech/language impairment, developmental delays, or other problems. Website: Wrightslaw.com

This website helps parents get help for their children so they don't fall behind or drop out of school. As a taxpayer in the United States, your children are entitled to receive a good education and accommodations if the child has disabilities. This website helps parents know their rights, advocate for their children, and know what local school districts are required to do and provide for their child. This website discusses the legal aspects, how to prepare for an IEP, how to request 504 accommodations, how to discuss the topic with teachers and administrators, and what strategies to use if the school doesn't seem to follow the proper legal guidelines to assist your child.  Another good website for parents, kids, adults, and educators is: https://www.understood.org/

Look up gun laws regarding domestic violence in your state.

Find out if you can remove your partner's weapons from the home: Note: Depending on the state, you may be able to remove weapons from the house. Here's the link to gun and firearms laws in each state: https://www.disarmdv.org/

 

Legal Information for Pro-Se Litigants (Representing Yourself without an Attorney)

• Self-Represented Litigation Network: srln.org
• SRLN State-by-State Page with links to forms, court pages, and in many states, court videos on how to represent yourself in your state. Scroll down to the chart showing the states. https://www.srln.org/taxonomy/term/141
• Directory of Legal Aid Websites: LawHelp
• Legal Hotlines: legalhotlines.org
• Find Legal Aid by State:Law Help:  https://www.lawhelp.org/find-help
• Find Legal Aid by State: Legal Service Center:  https://www.lsc.gov/what-legal-aid/find-legal-aid
• Case Study of Legal Aid Helping a Domestic Violence Victim: Legal Action of Wisconsin DV Case Study
• Do an online search to find a family law facilitator or a self-help center in your state (free advice in completing forms):
  • • Search: family law facilitator in [your state]
    • Search: family law self-help center in [your state]
• Some law schools have pro bono consulting
  • • Search: law schools pro bono in [your state]
    • Or call a law school in your state and ask to be connected to the person who handles pro bono family law (or child custody) cases.
• You may be able to hire paralegals to help you with documentation and filings, but they cannot give legal advice.
• You may be able to hire an attorney to look at a document or help you prepare a document. See “Unbundled Legal Services” below.
• Your employer may offer a voluntary legal benefits plan for a monthly fee deducted from your paycheck. Some of these plans may cover part of your family law costs. As an example, see https://www.uslegalservices.net/legal-insurance-plans/family-defender
• The American Bar Association does have volunteer attorneys who provide free legal answers to those who do not have attorneys. It's limited to 3 per year normally, but right now it is 5 due to COVID (2021). They do ask for the other party's name to do a conflicts check, but the asker and the attorney is anonymous (you basically become a ID # to them). https://www.abafreelegalanswers.org/

 

Videos on representing yourself in family law court without an attorney (pro-se litigants):

• PRO SE LEGAL BASICS. Do a search online for pro se legal basics
• CHILDREN AND DIVORCE: ON REPRESENTING YOURSELF in family court (State of Indiana Courts, but the general principles may apply in your state too)

 

Podcasts and Videos with General Tips on Family Law 

• Divorce Basics: Ask a Paralegal video
• Negotiating Like You Matter: short videos by attorney Rebecca Zung.
• ON STRATEGIES How to Represent Yourself in Court: Divorce Atty Rebecca Zung, Tina Swithin (founder One Mom's Battle), and Dr. Ramani (licensed psychologist)  Part 1   Part 2