If you are planning to end your marriage, you should familiarize yourself with the fundamental concepts and aspects of divorce. Go through the blog to learn more in this regard.
Residency Requirements to File a Divorce Petition
You must ensure that the residency requirements in your state are fulfilled before you file a divorce petition. Without it, you won’t be allowed to initiate the divorce process. Each state has its own laws related to residential requirements for divorce.
The main consideration in this context is how long you have lived in the state where the divorce petition will be filed. Some states will allow you to file a divorce petition without requiring you to go through a waiting period, provided you are living in the state. Other states require you to live up to one year to proceed with a divorce case.
Grounds for divorce are the legal reasons based on which, the court take a decision in favour of your request for ending the marriage. Grounds are categorized under two heads – with-fault and without-fault.
The first ground requires you to prove that it’s your spouse’s fault to cause the divorce. Some common grounds in this category include extreme physical or mental cruelty, adultery or desertion. If the fault has a crucial role in determining division of marital property, it’s worth considering.
‘Irretrievable breakdown of marriage’ or ‘irreconcilable difference’ is the usual ground for no-fault divorce. It simply means you and your spouse are unable to get along and there’s no way for reconciliation.
The second category is considered an easy way for divorce, as it does not require you to prove that your spouse was wrong. By choosing the second category, you may not have to suffer tension and worries during the divorce process. It comes with more benefits, especially if the children are involved. Furthermore, if you don’t have to try to prove your spouse’s fault, the case is settled quickly. It saves your time and expenses.
Parenting Time & Child Custody
Child’s custody is often a crucial issue in a divorce. If it comes to parenting time and child custody, the judges always think what will work in the best interest of the child in question. It refers to the degree of the parent’s involvement in the child’s life. From that perspective, ‘joint custody’ is often considered the best solution for the child.
In such cases, both parents have right to take the important decisions including education, non-emergency medical treatment, religious upbringings etc. ‘Sole Legal Custody’ implies that only one spouse is entitled to take decision.
The point to be noted in the context is ‘joint legal custody’ is not synonymous with ‘joint physical custody’. Joint physical custody is not a feasible solution and therefore, the court usually chooses one parent to take charge of physical custody of the child.
Some divorce cases are extraordinarily complicated than others. Handling such a case without a Tacoma divorce lawyer’s help is like a suicidal step. If you are considering filing a divorce lawsuit, contact a skilled lawyer to find out the best solution for you and your child as well.