When a married couple is in a country other than their own or perhaps in their own country, and after thinking it over very well they decide to legalize their separation, it is important that they know what steps they must follow to carry out the divorce. In this case for people who want to knowhow to get divorced in usa?
How to get divorced in the United States?
Divorce or separation in marriage, is when by means of legislation the dissolution of the union of two people who were married or ends a marriage is carried out.
While the separation process is being carried out, the division of assets must also be made, if there are minor children in the marriage, custody and support of the children and the ex-wife must be carried out, depending on their economic status, if this is precarious, if you have health problems or are an elderly person.
“When the divorce process is completed, legally the marital status is single and this person can marry again if they wish. In order for this to happen, it is important that the court ruling be handed over to him, since this is not the case, despite the fact that he is separated from his former spouse, legally they are still married and it would be against the law to marry again, without having completed the marriage. divorce proceedings.”
Types of Divorce
In the United States there is a wide variety of divorce. Depending on the scenario and the position, and depending on the circumstances, it is the length of time that the process lasts. In the following, a brief explanation of each of them will be given, so that the interested person can select which one suits their case.
Voluntary Divorce
It is the divorce that occurs when the spouses have reached an understanding to end the civil marriage. In this way, the two people involved accept the clauses and the circumstances of the disunity. The estimated time for the sentence to proceed is one month, it is important that all the documentation that is required is found, such as:
Requirements to Request Voluntary Divorce
- They must present the certified Marriage Certificate.
- Birth certificate of both spouses.
- If there are minor children in the marriage, they must present the Birth Certificates.
- The Electoral Credential of the spouses.
- The Medical Certificate with a recent date, where attests to the mental and physical health.
- Home receipt.
- Documentation of the assets acquired during the marriage.
- There must be proof of having advanced two months of the allocation of food or support for children who are not of legal age.
Of all the aforementioned documentation, they must make a copy and present it together with the original, which must not be damaged. If so, the documents will not be received.
litigation divorce
It can also be called Contentious Divorce, it is a type of divorce that occurs when only one of the spouses files the lawsuit and generally the other spouse does not agree. The estimated time for this case is about three months.
When there is a disagreement, this will not influence the decision. It is only enough that one of the spouses requires the separation, so that the judge considers the request, of course depending on the reasons and circumstances that the interested party shows, the separation must have a justification. If the judge considers that the evidence justifies the separation, he proceeds to carry out the divorce.
The Express Divorce
It is the divorce that lasts less time. It is necessary that the spouses share the decision, and nothing else with stating that the marriage is no longer working. If the two are in the same position and there are no problems with the distribution of assets, the protection of children who do not reach the age of majority and food support, without having reached any trial for this.
If in the case there are no minor children and/or property to share, then the separation will only be done in a few days.
The requirements to carry out this procedure are the following:
- The original Marriage Certificate or in that case a certified copy.
- The Express Divorce Petition Form. Requirement that can change depending on the state where you are making the request. In some places they ask that a lawyer make a document requesting the separation.
- The proof of address of the state where the Express Divorce is being requested.
- When there is presence of minor children, they must present the birth certificate of each one of them.
- The certificate of the marriage certificates must also state the characteristics with which the marriage took place.
- If the spouses are under 55 years of age, a pregnancy test is required. Which must be certified by a laboratory.
- If they are foreign citizens, they must show the documents that prove their legal residence in the country and the immigration status that can support the divorce.
- Proof of divorce agreement where the arrangements for the allocation of food, division of assets, protection of minors and others are demonstrated.
«It is important that the requirements are collected in an estimated time, so the process will be done more quickly. A requirement that cannot be left aside in this kind of divorce is that the two spouses are in total agreement in everything that refers to the adjustment of the divorce.«.
If the spouses are in mutual agreement, the process will not exceed one month. It is common for marriages to separate using this method, since it is less expensive and it is very simple, there are no trials and no problems as in other cases.
They do not need to show the reasons for the divorce. Just saying that the relationship is no longer working is okay.
Who Can File for Divorce?
To apply in this country, either spouse can apply for civil separation. When both have the same mind, then it is a mutually agreed or voluntary divorce. However, when they do not agree to the separation, the interested party proceeds to make a demand towards the other.
As soon as the divorce goes to trial, it is called a contentious divorce.
Divorce Law in the United States
The laws in the country are governed in the same way that when you want to get married, the divorce is conducted according to the state in which the applicant is located, in each state you change some requirements. Likewise, in any state in which the interested party is located, when requesting a divorce this person must meet two requirements that do not vary throughout the country:
- They must show the Certificate of Citizenship or Legal Residency in the United States.
- The address receipt to record your residence in that state in which you are carrying out the procedure. In most of the states it is necessary that your stay is greater than 180 days to one year.
What to do to get divorced?
If someone is interested in getting a divorce in the United States, these are the requirements that must be met:
- All documents must be submitted in original and copy.
- Marriage certificate.
- If there are children in the marriage, submit birth certificates.
- Electoral Proof of both spouses
- Pregnancy test carried out in close dates, and with a negative result.
All documents must not be damaged, to avoid returns.
How can you get divorced in the United States, if you got married in Mexico??
Mexicans who want to get divorced and are living in the United States is somewhat problematic, because if the marriage took place in the country of Mexico, it is in that country where the marriage certificate is located. It is the most important document when a divorce is carried out in the United States.
It is recommended that the diligence be done in Mexico, because the marriage is not registered in the United States. Although, if there is no possibility of moving to Mexico, the procedures can be carried out with a power of attorney, from the embassy, in this way this person can carry out the procedures in her name.
«When the notarial power of attorney has already been made, he has to appear in court and sign on behalf of the owner approving the divorce so that the sentence can continue. Then, when the sentence is delivered, it can be approved in the United States to carry out the divorce there. This makes the procedure easier. Afterwards, a judge will be located in the United States to review and approve the divorce decree.
The cost of Procedure
The price of divorce can be different, it all depends on the way it is done. Although, if the procedure is carried out with time, the cost may be lower, in the same way is the saving in the procedure. There are lawyers with fees that do not vary in prices, everything can change depending on the case.
There are lawyers who set prices according to the time occupied, it is important to investigate the different lawyers and their way of working. Additionally, the cost of the procedures, the managers, the division of assets and other expenses must be paid.
How is the Debt Generated in a Divorce Cancelled?
The normal thing is that the people involved, that is, the spouses, reach an agreement and thus cancel, or the way in which the payment of the expenses of the divorce process will be divided. If an agreement is not reached, through justice an approval will be made with which the payment will be divided by making fixed installments of the debt.
«The best thing for the parties is to agree and establish the payment outside of justice, to use justice to resolve this type of problem, in the end what it does is that expenses rise more. It is important to agree between the spouses that it be cancelled, so that they fairly pay the expenses that will be generated in the divorce process”.
How Long Can a Divorce Last in the United States?
The length of the divorce process changes from case to case. If the divorce is voluntary, the dissolution is brief, there are no legal fights, just signing the sentence when it is ready is enough.
If the parties do not agree, there is the presence of children and they must divide the property. The process can have problems, when they have to point out issues such as the protection of children. This can last for months or perhaps years.
The Quick Dissolve
There are times when people need to immediately separate themselves from the bond of marriage. To request that the dissolution be quick, the couple who wants to separate has to meet different requirements:
- The marriage must be at least five years consummated.
- Not having had children in the marriage. Nor can the woman be expecting a child.
- Not having real estate in common assets.
- If you have debts, it cannot be more than $4,000 from the time you got married.
- If they have individual assets, they cannot exceed $32,000.
- Agree that neither of you will have support from the other spouse.
- They must make a signed declaration of the division of all assets and debts, this must be done before requesting the quick dissolution of the marriage.
- This type of divorce is only carried out in the state of California, so it is important that one of the two spouses has a stay in the state for more than six months and about three months in the county where the requirements will be met.
Can a Foreign Person Get Divorced in the United States?
Yes, it is possible to get a divorce, but there are several reasons that must be taken into account before making the decision.
First, it may have a consequence on the residence you have in the country.
Second, it may happen that, if you divorce in the United States, this is not valid in the country of origin.
Consequences of Divorce in the American Residence
Every citizen has the right to ask for a divorce in the United States, of course if he or she is a person with legal residence or has citizenship. The procedure corresponds to each state individually, so it cannot affect the migration process, because it is not reported to the migration authorities.
Although, being divorced this can affect residence in this country in four situations:
If the American residency was granted by marriage, upon divorce the person may also lose legal residency, since the civil status naturalization process may affect the residency process.
Children were born in the marriage and as soon as the divorce was carried out, the obligation to support or alimony is not fulfilled, the state proceeds to revoke the passport and followed by the legal residence.
If there is bigamy, this in this country is a serious violation of the law, the American resident is immediately deported losing the request for his residence.
In addition, his entry into the country is prohibited, and much less can he have his American residence again, because he broke the laws of the country, all this is reason for him to be returned to his native country.
Does the American Divorce have any Validity Abroad?
In several countries the American divorce is not valid, however there are countries that are, in some countries they take into account the validity of a divorce that takes place in this country. And as soon as you return to the country of origin, your marital status changes to single status. For example, in Mexico divorce is only valid if the process is carried out in that country.
Can They Deny the Petition for a Divorce?
The request for a divorce can be denied for different reasons, one of them may be when the necessary documents are not collected or if the judge does not believe that the arguments are competent to carry out the separation of the marriage. Although, it will also depend on the state in which the request is made, as has been said before, the laws change.
Some states grant divorce without asking for many papers. In the same way, there are states that only grant it when there is clear evidence, where they show that there are serious faults and all that remains is to carry out the divorce.
How to Divorce in the United States if there are Children in the Marriage?
If in a marriage there is the presence of children born within it, and the couple decides to divorce, the process will be longer, the time will increase if there are arrangements between the spouses, who will be in charge of the shelter and who will be responsible for providing the alimony .
Shelter and Sustenance
In a separation, there are situations that are very sensitive, one of them is to determine who has the safeguard and who will be in charge of assigning and feeding the children. After the trial is over, it is decided who will take care of the children on a daily basis while they are minors.
The parent who does not touch the receipt, must take care of their food and other expenses that the minors have. In addition, an agenda will be agreed to make visits or move you to your new home for the assigned days.
Everything will be adjusted according to how the divorce was treated, this will be in the hands of the judge to decide the duration of the visits. When parents do not follow through with the ordinance left with the judge, the responsibility given to their children will be in jeopardy.
Marriage Annulment
The annulment of the Marriage, lies in granting a certificate from the Supreme Court, where it indicates that the conjugal union is not legalized, for that reason it must be annulled. It means that the civil union never happened legally.
Grounds to Annul a Marriage
Some of the reasons that exist for the invalidation of a marriage bond legally, are:
Incest. When the spouses are found to have any relationship of blood descent, such as: cousins, uncles, brothers, if it is the case, the marriage must be revoked immediately.
Bigamy. If it is found that one of the spouses is civilly married to another individual. Bigamy, according to the laws of this North American country, is a crime and has great punishments with the law.
Younger. If one of the spouses had not reached the age of majority (in this case she is 18 years old) at the time of the marriage, and the other party proves the fact, the civil union will be annulled.
Mental deficiency. It may be that one of the spouses has a mental deficiency, the person is not able to decide or carry out any responsibility. If this situation is proven by medical examinations, the marriage will be annulled immediately.
cheating marriage. It is when a marriage is performed where one of the parties was joined in marriage solely for some interest, such as obtaining legal residence in the United States. This is considered fraud and the union must be annulled immediately.
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