Not all divorces need to be messy. Sometimes a married couple realizes that they are two different people and their marriage just isn’t working for either of them. The easiest way to divorce is to file a dissolution summary, but those are for people without kids or other shared assets like real estate. If you have those things, but still wish for a simple amicable divorce, you have options. For these times, you can file a joint divorce petition where both parties mutually consent to the dissolution of a marriage leaving the division of assets to the separated party. As there is no litigation, these divorce proceedings are often quick and much less costly.
However, in order to be able to file for a joint divorce petition, you must meet certain requirements. These requirements include:
- Both parties must agree to the divorce as well as any set terms of the divorce. This means that any asset divisions as well as custody need to be set before filing the petition. Be sure to not sign the petition unless you and your spouse are in the presence of a notary public.
- At least one member of the marriage needs to be a resident of the state for at least 180 days. There used to be exceptions to the rule for same-sex marriages (such as being married in, but not living in a same-sex marriage state), but as those marriages are legal throughout the US now, the exception does not stand.
- The divorcing party must declare grounds for the divorce. This doesn’t mean going into any intimate details, but rather giving a singular reason on why the marriage cannot be repaired.
While these requirements are simple and you don’t need a lawyer to file, there is no such thing as a completely amicable divorce. When you are splitting up your assets, contact us. The Hais, Hais & Goldberger Law Office is dedicated to representing the rights of divorcing couples. If you want your rights fairly represented, let us guide you.