Divorce was illegal in the US

Divorce in the USA

From attorney Martin Möller
Guide - International Law More on the topic: International law, divorce, marriage, USA, divorce proceedings, separation

Divorce proceedings

Divorce proceedings are not federally regulated in the United States and are subject to individual state / state regulations. So it depends on the country in which the marriage is to be divorced & lpar; not necessarily where it was concluded, so that marriages concluded in Germany can also be divorced there & rpar ;.

At the federal level, however, numerous specifications have been made in recent years that can be process-relevant, such as binding child maintenance guidelines or tax-related depreciation rules for post-marital maintenance.

1. Ground for divorce

As a rule, a reason for divorce is determined, a distinction is made between the two different approaches "No fault" and "At fault". This can be indicated accordingly by the parties, but in the given case it is also used ex officio by the court as a decision-making criterion.

In one "No fault" / “No mistake” system, the other person’s mistake does not have to be alleged or proven. This regulation has existed in New York State since August 2010 and had already been implemented in all other states.

The following are common reasons for divorce: incompatibility = Incompatibility of partners, irreconcilable differences = irreconcilable differences and irremediable breakdown of the marriage - Incurable breakdown of the marriage relationship.

The "at fault" - i.e. faulty divorce was previously the only possibility of divorce - and where there was no fault, no divorce could be carried out - the couples only had to separate & lpar; separation, no divorce & rpar;. The inherent error usually led to negative financial consequences such as bearing the legal costs and maintenance & lpar; alimony & rpar; so an & lpar; expensive & rpar; Defense could and can be worthwhile in this regard. Means for this were a common cooperation with the partner, an official apology, connivance or the defense with own accusations.

2. Abbreviated procedures

a. It is usually worth checking whether the " simple divorce "/" Simple divorce "can be sought, which only exists in some states & lpar; .B. Nebraska, California and Minnesota & rpar ;. This has the advantage of being less bureaucratic, filling out with few documents and having to attend fewer court appointments. It also runs correspondingly faster. The prerequisites for this are:

- The marriage does not exceed 5 years

- no children or cleared custody and regular child support

- no common real estate

- common property is less than $ 35,000.00 & lpar; Car does not include & rpar;

- own assets are less than $ 35,000.00 & lpar; car does not include & rpar;


b. Through mediation a procedure can also be accelerated.

c. Consensual divorces are growing in popularity. Usually a kind of divorce consequences agreement is created with the help of assisting lawyers, on which basis the divorce can take place.

d. There are now also online divorces, which are either conducted online for the preparation of the procedure or even, as in California, for example, can be decided online.

e. Incidentally, the most popular state of divorce was the US state of Nevada, as you were considered a resident there within 6 weeks and could qualify Nevada as the competent place of jurisdiction. All you need is an informal declaration of residence. Also - and probably in relation to the marriages concluded spontaneously in Las Vegas - there is the most pronounced cancellation system here. It is only easier in the US territory of Guam in the Pacific, where you had to be resident for 7 days.

3. Procedure

An application for divorce must be submitted to the family court of the competent court and the reasons given.

A year of separation as in German law does not necessarily have to be stated & lpar; but in New York, so-called. "Separation agreement in force for a year" .

The divorce papers will be delivered & lpar; "service" & rpar; and, if necessary, an appointment for the oral hearing.

4. Divorce costs

Average attorney fees are around $ 4,000.00 at $ 200.00 hourly and average effort. However, this does not include maintenance or custody regulations. Online transfers start at $ 300.00. In addition, there are any legal costswhich may vary by state and district in the state.

5. Recognition of Divorce

The respective regional judicial administration is responsible for the recognition of a foreign divorce.

The foreign title is used for recognition needed. If the regional justice administration comes to the conclusion that the foreign divorce decree is not recognizable, the application can be switched to a so-called non-recognition application.

6. Change of name

In principle, the spouses keep the names used during the marriage even after the divorce. If you want to take an earlier family name again in the course of the divorce, you must ensure that this is recorded in the judgment by the court in the USA.

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