Requirements for divorce in the United States: Everything they haven’t told you

8 minutos de lectura

If unfortunately the love that existed between you and your partner has been lost, it is likely that you want to request the divorce. This being the case, here we will explain what you will need to obtain the divorce in the country.

What is needed to get divorced in the United States

So i can get divorced in the united states it will end up being necessary to fulfill the following requirement:

  1. Copy and original of the marriage This must be in good condition.
  2. The departure of birth of both spouses in original and copy.
  3. If they have children in common, they must also present their births.
  4. The copy of a voucher electoral that both parties have
  5. Proof of pregnancy make it recent and your result must be negative.
  6. The documentation that has to be presented must be in the best state without having amendments or stains.

If this is contrary the court you will not be able to accept it and therefore the request will be rejected

Who can file for a divorce

In the country, both spouses or only one may request the divorce, in the event that both wish to request it, proceed with a divorce mutual agreement.

It is also known as a divorce voluntary, if the case is that one of the only wants to dissolve the marriage, a lawsuit is necessary.

When he has to be brought to trial then he is called a divorce contentious or litigation.

Types of divorces

There are various types of divorces that can be applied in USAThese last for a period of time that is different.

And it can also lead to situations or conditions that are different, we will tell you so you can know which one will be the best for you. convenient.

  • The Divorce voluntary

This type of divorce It occurs when the two spouses agree on the dissolution of the marriage.

For this case the two are find According to the terms and conditions for the separation to take place, it takes approximately one month.

Requirements to request a divorce for a mutual agreement:

  • Copy and original of your certificate of marriage certified in good condition
  • The departure of birth of both spouses.
  • If you have children in common, the birth of them to certify
  • The letter electoral of the two parties involved.
  • A certificate doctor that is recent to be able to verify the mental and physical health of its parts
  • The vouchers for addresses.
  • The documents of all goods that have been acquired from the moment the marriage was initiated
  • They have to pass at least two of the months of alimony or the corresponding amount for child support
  • All documents have to be presented with original and copy, in good condition or the application will be rejected.

Correspondent to litigation Divorce

It is also usually called as divorce contentious, this divorce by litigation is only filed by one of the spouses.

Most of the time it does not happen by mutual agreement and has a duration of three months, but if one is not of agreement it is not an impediment.

According to the causes and reasons that are exposed by the spouse Before the judge, the divorce process will be justified, especially if good reasons are considered.

If he Divorce is express

This is the quickest way to do the divorce and for this it is necessary to argue that the relationship does not work and both must agree.

In order for it to proceed, it is necessary that the two spouses have a corresponding agreement on how the goods will be distributed.

The children who are minors of age and how alimony will be granted extra judicially.

If it happens that you do not have children or any property in common by the marriage then it will only take a few days.

The requirements The main ones that are needed are the following:

  • The copy certified or the original of the certificate corresponding to the marriage
  • The form that corresponds to the request for your divorce to be express
  • The ID of an official nature that is in force for both spouses
  • Copy and original of the constancy of residence with respect to the state in which you reside and are requesting this type of divorce.
  • If they have children who are minors of age must be presenting their original birth certificate with their respective copies
  • The certificates for the capitulations of the marriage, specifying with what modality the marriage was contracted
  • Those certificates of their properties real estate that is under the name of the spouses.
  • If they are not 55 years old and therefore do not have proof of pregnancy must be issued through a medical laboratory

How long does a divorce take

The time it takes to issue a divorce It can be a variant will depend on the type of divorce being processed.

Mostly if the divorces They are mutually agreeable, you can see that they are faster because a trial does not have to occur.

You simply have to sign the sentence of your divorceHowever, this process can be lengthened when it is necessary to make demands.

Like when children are posed in common, like when the distribution of goods in general can take a couple of weeks to a period of years.

Cost of a divorce

The costs in a divorce can vary according to the process that you want to carry out, if the procedure is carried out in advance you can save as much time as money.

Certain lawyers are in charge of collecting fee They are fixed and will still depend on what the divorce entails.

And there are also lawyers who will charge by the hour, so it is necessary that you find out before making the application.

In addition to the additional costs that the Procedure due to documents.

Immigration effects of divorce on the American residence

Anyone can request their divorce on USA but only when they are citizens or legal residents of the country.

This is a Procedure that is the responsibility of each of the states, therefore it should not affect their immigration status since it is not reported to those authorities.

However, it is your divorce if it can affect your residence legally in USA in the following cases.

If the American visa was obtained through the marriage By doing the divorce you can risk losing it as well as your residence in the country.

In case you had a child in the marriage and after the divorce you do not comply with the corresponding to maintenance and alimony.

It is the state that can revoke your passport and consequently their legal residence will also be affected.

In case bigamy can be proven which is also a crime in this territory whoever committed the crime will be deported.

In addition, your personal residence will also be revokedIn addition to them, you will not be able to enter the country or recover your visa.

This to see breach of the laws of the state united since this is considered one of the serious crimes.

Can my petition for divorce be denied?

Your request for divorce if you do not comply with the requirements requested, or if it is the judge who decides that there is no sufficient reason for the dissolution of the marriage.

But still everything will depend on your state of residence as the laws may vary in each of these states

In other states they may grant you the divorce with the simple fact that you have requested it without asking for more requirements.

But in others they will not be so simple since it will take more time and therefore will be more expensive. And there are also others where only will be granted.

If evidence is provided that each of the spouses or only one has breached the marriage arrangement

What is marriage annulment

This is one certification which is actually granted through the supreme court that states that the marriage was in no case legal and will be annulled.

In general terms, this cancellation implies that the marriage it never existed and for that reason it will be annulled.

Reasons to annul a divorce

There are a number of reasons why they may be canceled legally marriages, these are the ones that have the greatest importance:

In case of incest: When it happens that the spouses They have a consanguineous relationship such as brothers, cousins, uncles or others.

If this occurs the Union it has to be canceled immediately.

For bigamy: In case there is evidence that may be sufficient to verify that one of the spouses is legally married

At the same time he meets you, then the marriage it will be annulled immediately, and it will also carry serious criminal penalties.

If it is less than age: If either party was under the age of 18 at the time of the ceremony, evidence can be presented.

And if so, they can be canceled way immediate marriage.

If you have deficiencies mental: In case any of the spouses He has mental deficiencies and it is for this reason that he is not in competition.

So you can take your decisions or fulfill the responsibilities that correspond to it.


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