<\/span><\/h3>\nIn a lot of states, you are not required to have to be separated from your spouse prior to getting divorced. But a couple of states require that spouses have lived “separate and apart” for an amount of time, either before they can file for divorce or before the judge is going to finalize their divorce. Many times, like in South Carolina, the separation requirement only concerns to spouses filing for no-fault divorces (more on that below).<\/p>\n
The minimal separation time is typically a year, but may be subject to certain situations. For example, Virginia usually requires a 1 year separation prior to spouses being able to file for no-fault divorces, but the requirement is decreased to 6 months when they have a written separation contract have no children. (Va. Code 20-91(9) (2022).)<\/p>\n
The laws and\/or courts in various states may have various interpretations of what “separate and apart” means\u2014like if a couple may be deemed separated when they continue to live in the same dwelling but sleep in separate bedrooms and keep separate households.<\/p>\n
You should find out sooner than later if your state has a separation requirement and, when, what you must do to fulfill the requirement\u2014including if you are required to move out of the family home. If not, the court could reject your petition for divorce or postpone your divorce when you don’t fulfill any requirements in your state.<\/p>\n
<\/span>Grounds for Divorce<\/span><\/h2>\nDivorce laws differ from each state. But one regulation in every state is that in your divorce petition you must give reasoning (“grounds”) for petitioning a divorce. Grounds for divorce come into 2 classifications: “no-fault” and “fault-based.”<\/p>\n
<\/span>No-Fault Divorce<\/span><\/h3>\nEvery state gives divorcing spouses the choice of filing for a “no-fault” divorce. In other states, a no-fault divorce is the only choice.<\/p>\n
In no-fault divorces, neither of the spouses are required to show or prove that the actions of the other caused the end of their marriage. Rather, the spouse that files for divorce simply states that their marriage is over and there’s no reasonable chance of getting back together. In a lot of states, the reasoning given for a no-fault divorce is that the spouses have “irreconcilable differences” or that there has been an “irretrievable breakdown of the marriage.”<\/p>\n
A lot of spouses decide to pursue a no-fault divorce. No-fault divorces are less complex and less combative than fault-based divorces: Since you don’t have to prove your spouse did something wrong, there’s usually less anxiety and tension throughout the divorce process. Not having to accuse your spouse of bad behavior is especially helpful when you have children that might be impacted by the proceedings. Additionally, when you don’t have to fight about fault, the divorce could move more quickly. And less arguing usually always means decreased legal fees.<\/p>\n
<\/span>Fault-Based Divorce<\/span><\/h3>\nWhen you file for a fault-based divorce, you are required prove that your spouse did something that caused the marriage to end. Reasoning for fault-based divorces usually include adultery, excessive cruelty (mental and\/ or physical), and abandonment.<\/p>\n
Since fault-based divorces can be so disputable (and costly), a lot of divorcing couples are going to choose for a no-fault divorce. Nevertheless, if your state deems fault when splitting marital property or evaluating the need for spousal support, filing a fault-based divorce might be a good alternative. (But might not be necessary to introduce the matter of your spouse’s bad behavior for the intent of deciding those matters.)<\/p>\n
When you think you may file a fault-based divorce (or when your spouse has already filed one), consider speaking with with an attorney\u2014seeking a fault-based divorce can be a lot more complex (and more challenging to win) than no-fault divorces.<\/p>\n
<\/span>The Matters in a Divorce<\/span><\/h2>\nAs part of your divorce, you are going to have to address several matters related to terminating your marriage. You and your spouse might negotiate and reach agreement on matters, either on your own or through divorce mediation. When you can’t agree on any matter, a judge is going to have to decide for you after holding a trial.<\/p>\n
<\/span>Dividing Property<\/span><\/h3>\nIn a lot of divorces, spouses are going to have to split their property and liabilities. The general rule is that marital property\u2014typically, property the spouses obtained and liabilities they incurred throughout their marriage\u2014are required to be split between the spouses. The specific rules for splitting marital property are subject to whether you live in an “equitable distribution” state or a “community property” one.<\/p>\n
<\/span>Equitable Division<\/span><\/h4>\nA lot of states follow the convention of equitable distribution. Meaning that the court is going to split the marital property between you both based on the facts of your case. Whatever the judge feels are fair in your particular case are going to establish how the judge splits the property. Equitable distribution does not guarantee that each spouse is going to get an equal share.<\/p>\n