Requirements for Divorce: Types, How to Do It and MORE

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Do you no longer have a relationship with your partner and do you think that it is best to separate? This article will highlight the Requirements for Divorce.

Divorce is the dissolution in life of both spouses of the partnership or marriage bond. To make this decision, both people must have mutual consent as provided by law.

The couple that makes the decision to separate must take into account that the process must carry out a distribution of assets, determine who will have custody of the minors (in the case they have a child), etc. If you are interested in this topic, we invite you to continue reading.

What are the Requirements for Divorce in the United States?

The Requirements for Divorce in the United States are as follows:

Requirements for Divorce in the United States: Voluntary Divorce

For this type of divorce you need to meet the following requirements:

  • The application for divorce by mutual agreement.
  • The couple must wear the original and copy of your marriage certificate certified that it must be in good condition.
  • Attach the birth certificate of both spouses.
  • Present the birth certificate of the minor children, in case they have them.
  • Election document from both.
  • Updated and current medical certificate, showing that they have good physical and mental health.
  • Proof of address.
  • Attach the documents regarding the assets acquired from the beginning of the marriage until the divorce request.
  • Two months in advance at alimony or in that case child support.
  • All the documents you present must be original and in good condition. If they are not found, they will be returned.

Requirements for Divorce in the United States: Divorce Express

For this type of divorce, the couple must meet the following requirements:

  • The couple must attach the marriage certificate, both as an original or certified copy.
  • Complete the request form express divorce. This requirement may vary depending on the state you are in. In several cases it is essential that a lawyer argue in a document where this type of divorce is requested.
  • ID of each one, updated and current.
  • You must attach the copy, both the original of the proof of residence in the state where you are going to file for such a divorce.
  • In case the couple has joint minor children, they must supply birth certificates, both originals and copies.
  • Document regarding marriage capitulations, where it should be highlighted how the union contracted.
  • Attach the document of the real estate in the name of the spouses, acquired during the marriage.
  • In the event that applicants do not exceed 55 years of age, they must provide a proof of non-pregnancy that is sent by a medical laboratory.
  • If the spouses are foreigners, they must present documents that show that they are legal in the United States. In addition to attaching the immigration status that gives rise to the divorce.
  • With this type of divorce there must be a pact and agreement according to the alimony, distribution of assets, who will keep custody of their children, if they have it, etc.

Types of Divorces

In the United States there are three types of divorce which are the following:

Requirements for Divorce: Voluntary Divorce

This type of divorce consists of the spouses reaching a mutual agreement to carry out the procedures for the separation of the conjugal society. Likewise, both parties approve the terms and conditions of the break. This kind of divorce it takes about a month to process.

Requirements for Divorce: Litigation Divorce

This type of divorce is also called contentious divorce and is one of the more complicated, because it goes to court for a judge to make the decision of the separation because the spouses did not reach an agreement.

This type of divorce is presented by one of the spouses, also if one of the parties does not agree, this will not harm the process, the judge will take the last word according to the causes and reasons that the spouse argues. The litigation divorce procedure it can last more than 3 months, depending on the precautionary measures indicated by the judge.

Requirements for Divorce: Divorce Express

This type of divorce is the fastest way to go through the motions. But both spouses must be in mutual agreement and It will only suffice to explain that the relationship is no longer successful.

It is important that both have reached an agreement regarding the distribution of goods, custody of minor children (if you have them) and alimony extra judicially.

If the spouses do not have children in common, the divorce will take a few days or in that case a month if both have agreed. For this type of divorce to be carried out quickly, applicants must comply with the requirements for divorce during the stipulated time.

Most of the people prefer this type of divorce, because it is not so expensive, nor much less conflictive where they must make a judgment.

Who can File for Divorce?

On USA, the spouses or in that case one of them have the right to request separation through a divorce. When the two request it, a divorce is made by mutual agreement or voluntary, on the other hand, if one of them wishes to separate, it is essential that a lawsuit be made.

Requirements for Divorce: Divorce Law

The divorce laws of said country will depend on the state in which the interested party is. Each of them has valid and different arguments on that topic. In the same way in which state you reside, the divorce must be complied with two mandatory conditions which are the following:

  1. Provide a certificate of citizenship or legal residence in the USA.
  2. A document that justifies the address to prove your residency in the state where you are filing for divorce. In most of the states that make up the United States, you are required to have at least less 180 days to a year of living in that place.

How to get divorced?

To get divorced in the United States, applicants must meet the following guidelines:

  1. The spouses must attach both the original and copy of your marriage certificate.
  2. Have the birth certificate of each one, the same original and copy.
  3. If they have children together they should attach birth certificate.
  4. A copy of the electoral voucher.
  5. An up-to-date pregnancy test showing a negative result.

All documentation must be in good condition, without deletions or amendments, otherwise, the court will not be able to accept it and the divorce process will be delayed.

Divorce costs in the United States

The costs of a divorce can vary according to the type of process that you are going to perform. However, if you start the process early, you will have a better chance of saving money.

It is important to note that some lawyers charge fixed fees for divorce, depending on the situation involved. Other attorneys may charge by the hour.

If your divorce goes to litigation it can cost approximately $ 20,000 or $ 30,000, but if it is by mutual agreement you can cost 500 and 1000 dollars. You should also take into account that you will have to pay fees to file the divorce.

Who pays the debt generated in the Divorce?

If the divorce is by mutual agreement, the interested parties must cancel each of the debts. If no one agrees, a pact will be made judicially between the parties where it will be necessary to distribute the debts and each one will have to pay a fixed amount of them.

What is Divorce?

Divorce is the breakdown or separation of the marriage agreement, where the spouses will have to deal with the responsibilities that correspond to them to continue with their lives independently. Carries the loss of rights and obligations between spouses.

Divorce is the result of the decision made between the two spouses or just the will of one of them to dissolve the marriage due to the irreconcilable differences that arose in the couple.

Reasons for annulling a Divorce

The reasons people annul and dissolve a marriage are for the following:


When one of the spouses is married to another person in addition to their current spouse. In that case the marriage must be annulled, in the United States bigamy is a crime that carries heavy penalties.

Minority of age

In the event that one of the spouses was under 18 years of age at the time of marriage, evidence must be presented in this regard to dissolve the marriage.

Mental deficiency

If one of the spouses contains a mental condition, this means that the person is not in good condition to make their own decisions. In this case, if evidence of this problem is demonstrated, the marriage can be annulled.

Fraudulent marriage

This reason occurs when one of the spouses married the person to obtain legal residence in the United States, in this way this conduct is considered as fraud and must be annulled.

If your plans are to separate from your partner, you must follow the Requirements for Divorce.

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