The Law Office of Karen H. Beckman

When you have the option of where to file for divorce, consider it carefully

When couples go through the divorce process, the law under which the divorce takes place is determined by the state in which the divorce is filed. Every state has slightly different laws, and it should not come as much of a surprise that some states are considered to be more favorable places to divorce than others, depending on where you fall in terms of finances in the divorce.

A recent article in Forbes took a look at this issue, highlighting the seven worst states in which one can get divorced. The way the top seven states were determined was by looking at five variables. These include: filing fees; minimum separation period; length of residency; waiting period after filing; and the minimum length of time for divorce.

The ranking was somewhat subjective in that each variable was assigned a relative number of points which may not actually reflect what any given couple would assign that variable. Different couples are going to have different considerations in terms of what variables matter to them in divorce. In any case, it is interesting to note that California did make it in the list of the top seven worst states.

In California, filings fees for divorce amount to $295 and it takes a minimum number of 360 days to complete the process. California is also the only state which requires a six-month long waiting period after filing before the process is actually started.

Aside from the fixed variables mentioned in the article, there are less definite variables to be considered which depend on each couple’s circumstances. These include the state’s approach to property division, as well as things like alimony and child custody. For couples who have the option to file in more than one state, it is important to understand how filing in different states could affect the outcome of the divorce. This is why it is important to work with an experienced family law attorney to receive guidance.

Source: Forbes, “The 7 Worst States To Get Divorced,” Bruce Provda, September 12, 2014. 

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The Law Office of Karen H. Beckman

The Law Office of Karen H. Beckman
17291 Irvine Blvd.
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Tustin, CA 92780

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