North Tampa Legal Group, PA

Divorce is different in every state

On behalf of North Tampa Legal Group posted in divorce on Wednesday, May 25, 2016.

Going through a divorce in Florida is in some ways different than going through a divorce in any other state. In fact, all 50 states have unique laws when it comes to ending a marriage. Because divorces are regulated by states and not the federal government, people whose marriages are coming to an end must first make sure that they are legal residents of the state where they want to file for divorce.

Some states grant divorces very quickly while other states impose long waiting periods from the date of separation. In Maryland, people may need to wait two years before their divorce becomes official. The definition of the date of separation can also vary by state, with some states setting it at the date a spouse moves out and other states setting it at the date a spouse announces their intention to divorce.

Another divorce issue that can vary significantly by state is the way that property is divided. Some states acknowledge a difference between separate property and marital property while other states view all property that is owned by both spouses as marital property. Marital property is also divided differently in each state. Depending on where spouses live, their marital property could be divided in a 50-50 split or divided based on the court’s decision about what’s fair.

A family law attorney in Florida may let a client know about the state-specific laws that will affect the process. The manner that property is divided may affect the strategy, and an attorney can help negotiate for an optimal settlement.