Variations in State Laws Make Getting Divorced a Complicated Process

Even though all states today make no-fault divorce available, the process can vary from state to state. One of the most important differences is in the residency requirements for those getting divorced that states impose upon those who are getting divorced. Do not assume just because you live in the United States you will be able to file for divorce in any state in which you live. In fact, most states require residency of at least six months although this provision is often bypassed if the person filing for divorce is living in the state because of military obligations. While some states still require the person to be stationed for at least six months, other states only require thirty days.
There are other provisions some states have related to residency requirements. For instance, New Jersey requires residency of one year, and Maryland requires a one year residency if the action leading to the divorce occurred outside of the State of Maryland. The residency requirement is two years if you are filing for divorce for reasons of insanity. New Jersey also requires a one year residency except in cases of adultery. These are just a few of the differences you can expect to find within different states, and the reason it is essential for you to make sure you know the laws of the state in which you live when you make a decision about getting divorced.
Another thing you want to remember is just because all of the states have no-fault divorce laws, you are still able to file under the old provisions, and in some cases choosing reasons other than no-fault may be preferable. Other reasons that may make getting divorced preferable to staying with your spouse include but are not limited to the following:
• Adultery
• Insanity
• Mental or physical cruelty
• Desertion
• Failure to provide financial support
• Incarceration
The availability of no-fault divorce laws simply makes it easy for those who do not have a solid reason for getting divorced to obtain one. However, that does not undermine the need for some people to choose other reasons for getting divorced. The perfect example is shown in the previous paragraph where a shorter residence requirement is allowed in cases of adultery but a substantially longer one for insanity.
When you file under no-fault divorce laws, some states require a wait of 90-180 days from the time the petition is filed and papers served until the final decree is issued. This is another reason some people getting divorced choose to file under the original provisions in cases where those justifications exist. While there is a greater chance of a contested divorce, you will be able to get your case into the courtroom sooner. If you have documentation for the charges, there is little chance the court will hesitate to grant the divorce in spite of your spouse's protests. The important thing is to make sure you know all the laws in your own state and county concerning the process of getting divorced. This will prevent you from being faced with any unnecessary delays.