A contested divorce is when both parties are in agreement on the divorce but can’t seem to settle an agreement on other matters, such as marital assets and custody of the children. In every state, the couple goes through different steps in order for the divorce to happen. Different states may also have different laws regarding a contested divorce.
Here are some divorce laws in selected states:
- Illinois – In Illinois, the legal grounds for divorce require that the couple has lived for a minimum of 2 years apart. They may also choose to file for a legal separation divorce, wherein the marriage is not cancelled but they will be separated. It is also helpful for couples to check out divorce forms online to be able to get an idea of the requirements for the divorce. For properties, they will be divided between the couple fairly. This does not necessarily mean that the assets will be divided between each party equally.
- Alabama – In Alabama, the state laws require that one or both of the pair is a resident of the state for at least 6 months in order to file for a divorce. Non-residents may not file for divorce. It is also helpful if the couple will research the divorce legal forms with their attorneys to be ready for the divorce. Some of the reasons for a court to grant a divorce are adultery, crime against nature, incompatibility or domestic violence. The court may also grant the couple legal separation instead of divorce when the couple decides on separation agreements. If the couple can settle legal matters on their own, then it might be a fast divorce.
- Georgia – In Georgia, some of the legal grounds for divorce include close blood relation marriages, impotency, adultery, mental illness, drug addiction or habitual intoxication. The forms for the divorce are handled by a lawyer. In a contested divorce, the judge can advise the couple to go into counseling in order for the couple to have a settlement on certain issues regarding the marriage. Regarding the distribution of the couple’s properties, the properties of each party will still remain their property. For child custody, the judge will give custody to the parent who has the capacity to take care of the child. If the child is 14 years or over, he has the right to choose between his parents.
These are just some of the states that have different laws regarding a contested divorce. Before filing for a contested divorce, it is advisable to check for the laws in your state, as there are some big differences regarding the laws for each state. This will give you an overview of your advantages and disadvantages in the divorce. The lawyer will also brief you on the steps and the documents that you will need to go through in the divorce. Most contested divorce proceedings last for a long time. Sometimes, it is more convenient if the couple will just settle matters during a settlement rather than going through court trials.