Divorce is a complicated process, and one thing that makes it even more confusing is the fact that laws vary from state to state. And, some of those laws are pretty crazy! Depending on where you are in the United States, it’s important to check into what laws apply to you before you start the process.
And always know your options when going to court. As paying for attorneys and court fees can get expensive, it may be a good idea to look into lawsuit advances.
Law #1: Last Name Laws
In Alabama, a divorce law states that after a divorce, wives can be barred from using their husband’s last name! For some women, this may not be an issue, but if you prefer your husband’s name you may have to think again.
The good news is that this law is only applicable in Alabama, so as long as you’re not a resident of the state you’ll be able to keep your husband’s name.
Law #2: Period of Separation
Each state has a different law regarding how long the couple must be separated before they can legally divorce. Kentucky has a 60-day waiting period for couples looking to file for divorce. In Washington DC, Vermont, Illinois, and Delaware there’s a six month waiting period.
Another few states that have long waiting periods are Maryland, Nevada, and North Carolina, which require an entire year of waiting before a couple can file for divorce. Even worse, Connecticut requires an 18-month waiting period!
Waiting to file isn’t the only type of waiting period out there, either. Many states, including Ohio and West Virginia, require an additional period of waiting before a divorce decree can be given. Before you file, no what separation and waiting period laws you’re up against to help the process go smoother.
Law #3: Post-Divorce Education
If you have children from your marriage, divorce gets even more complicated. There are lots to sort out in terms of who takes custody of the children and how visitation rights will work.
And, in some states, there may be additional requirements for couples with children choosing to divorce. For instance, in Kentucky parents with children are required to take post-divorce education classes.
These classes provide parents with the skills and tools necessary to effectively manage a split household.
Law #4: Remarriage
If you’re planning a divorce with another marriage in mind, be careful! Laws on divorce and remarriage also vary from state to state and there may be limitations on how quickly you can get remarried.
In Oklahoma, divorcees can only remarry or cohabit with a new partner after 6 months of being divorced. This applies even if the marriage was in another state!
Law #5: Pregnancy Limitations
As stated earlier, having children complicates the divorce process. What’s worse, being pregnant can also cause issues!
In Texas, couples are allowed to file for divorce while pregnant, but they have to wait until after the baby is born to legally finalize the paperwork. Keep in mind that this could add time to any waiting or separation period required!
Divorce is a tricky process, but it doesn’t have to be. With the right law team behind you, you’ll be able to safely navigate even the most difficult cases.