Know Your State Divorce Laws Before Processing

 Some of the duties of your Callahan Barraco family law attorney are to explain the state family laws to you in simple terms, removing ambiguity, and advising you on the best legal path for your divorce case. Divorce cases may proceed differently based on the circumstances surrounding them. Your family attorney makes sure that you are on the right path while filing your case.

One common error that many people seeking divorce make is to fill divorce reasons that are not legally recognized in their states.

State divorce laws may differ on:

  • Cooling-off periods,
  • Child support,
  • Divorce filing charges,
  • Children custody laws,
  • Asset distribution,
  • Serving requirements; and
  • Dissolution or divorce procedures.

For example, California has a cooling-off period of 180 days. The divorce process can continue within that period, but a final decision will not be made until then. Some states have a lower period but can increase it if children are involved. The cooling-off period is a time during which divorce proceedings can go on before the finalization.

In process serving, States differ in how they allow notices to be served. All States set 18 years as the minimum age for anyone who will serve the petition. All States also allow only people who are not primary parties of the divorce to serve the petitions. In some States, petitions may be served even on non-work days but some other states like Florida and New York do not permit divorce servings on Sundays or Saturdays if the recipient has a religious activity.

Some states also permit you to serve your papers by yourself in certain divorce cases. Your Callahan Barraco family law attorney will advise you on this and assist you in preparing a standard petition. If you don’t serve a proper petition, your case might be affected. 

On to the financial costs, filing fees do vary by state. Filing fees are so dynamic and change according to new relevant information. That’s why they are always approximated. Again, your family attorney is there to guide you on current rates. Florida has the highest divorce fee at around $421. New York courts charge $335, while Pennsylvania courts charge about $315.

It might seem confusing at first to go through all these, but your Callahan Barraco family law attorney, who has a full understanding of your state laws, is there to guide you through. Always consult your attorney before taking legal steps!