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Should I get a divorce?
There are many aspects to think about prior to getting a divorce. Since divorce dissolves a marriage, you'll need to consider how you and your spouse intend to divide up your joint assets (property division), child custody arrangement (if you have kids), and potential spousal support (alimony).
How to file for divorce?
To file for divorce, you will usually need to have resided in your state and county for at least 6 months to 1 year. It does not matter where the marriage took place.
Next, you'll need to obtain all the required divorce forms, found on your state's website or the applicable court's office of the clerk.
Once the forms have been filed and summons served on your spouse, your spouse will have some time to respond to the petition (usually 30 days).
Procedures will vary by state and it is recommended you speak with a divorce lawyer to understand the requirements in the area you live.
Which is better: legal separation or divorce?
In legal separation a couple lives apart but is still legally married. Like in divorce, with legal separation, you'll need to negotiate property division, child custody, child support issues, and spousal support. There are personal and financial benefits to consider when determining which route is right for you.