How Do Different States Handle Divorce?
A 2011 Bloomberg report ranked the divorce laws of each state. The report used criteria such as time required to complete the divorce, court costs, and rules on alimony and child support. Out of the 50 states and the District of Columbia, Texas ranked 36th in its ease of divorce. Two New England states ranked at opposite ends of the spectrum, with New Hampshire having the easiest divorce laws and Vermont the most difficult.
Residency Requirements
A major factor the report used in calculating its ease of divorce is the couple’s time as residents in the state in which they are seeking the divorce decree. Texas law requires that couples reside in the state for at least six continuous months. By contrast, New Hampshire law has no residency requirement for divorcing couples. Nevada, a state known for “drive-thru” weddings, also has the country’s sixth-easiest divorce laws, including no residency requirement. In Vermont, couples must have lived in the state for at least a year.
Grounds for Divorce
Some states have interesting ideas on what constitutes legal grounds for a divorce. In Texas, such reasons include adultery, spousal or child abuse, or confinement to a correctional facility or mental institution. In Idaho, couples can file for divorce if one partner engages in “habitual intemperance”, otherwise known as excessive alcohol consumption. In North Dakota, a spouse’s “persistent refusal to have reasonable marital intercourse” can be used as grounds for divorce. Indiana law allows couples to divorce if it can be shown that one spouse has suffered from at least two years of “incurable insanity.”
Alimony and Child Support Payments
States also vary widely on their laws regarding spousal support payments. Texas law places substantial barriers on spouses seeking spousal support payments, more popularly known as “alimony”. Georgia law prohibits a spouse found to be in an adulterous relationship from receiving alimony. While nearly every state includes provisions in its divorce law for child support, each one operates on different principles. California has some of the highest rates for child support payments, while Georgia and Nevada have some of the lowest.
Same-Sex Divorce
As more states adopt same-sex marriage laws, the patchwork nature of the laws creates problems for same-sex couples seeking divorces. In one instance, a same-sex couple who marries in Massachusetts must remain in the state and complete the four-month waiting period before filing for divorce. Same-sex spouses who relocate to states that do not recognize such marriages, including Texas, will also not recognize the divorce decrees from other states.
Get Answers For Your Divorce Case Questions
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