According to laws on the books in most states, an action for divorce, also called "dissolution," must be handled in court. Many states have a policy called "no-fault divorce," meaning the courts do not care if either the husband or wife in a marriage is wrong or at fault for marital misconduct.

Most states have a few similar legal requirements which must be satisfied before a couple can file for divorce:

1. Residency: The husband or wife filing for divorce must have lived in the state for a certain time period. This amount of time is frequently at least 6 months in the state before filing for divorce, and at least 3 months in the county.
2. Waiting Period: Once the divorce has gone through court, many states have a mandatory waiting period before a divorce is final and former spouses are free to marry other people. This waiting period averages 6 months but can range anywhere from 0 to 12 months plus one day from the exact date the divorce papers were filed in the appropriate court.
3. Legal Grounds: In general, divorces are based on two different legal grounds: irreconcilable differences and incurable insanity. "Irreconcilable difference" is another way of saying that the spouses involved have marital problems which cannot be repaired, leading to the irreversible destruction of the marriage.
4. Jurisdictional Requirement: All divorces must be filed in the appropriate court. The correct court is determined by the couple's county residency. Wherever the couple has lived for at least 3 months prior to filing for divorce proceedings is the appropriate court.

If you and your spouse can figure out how to settle the issues surrounding your divorce instead of having a judge decide them for you, your divorce procedure will be much easier on you both. The legal process will be smoother and both you and your spouse stand to save quite a bit in court and legal fees. As an added incentive, studies show that when spouses actively participate in establishing a divorce settlement, post-divorce conflict can be avoided and cooperation in parenting and support issues can be more easily achieved.

For more information about divorce, visit our partner LegalZoom. Here, you'll find a free, online legal library providing all the information and resources you need when considering divorce. The Law Library Topics provide general divorce information, and FAQs answer some of the most common questions people ask. These features, combined with the Glossary and Useful Resources, allow you to make sure your divorce decisions are informed ones.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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