Arkansas
 
RESIDENCY REQUIREMENTS
A spouse filing for divorce must be a resident of the state for at least 60 days. The filing spouse must reside in the state for three months before the divorce will be finalized.

GROUNDS
Arkansas recognizes both fault and no-fault grounds for divorce.

No-fault grounds include:

• separation for 18 months

• three years or more of voluntary living separately without cohabitation

 
Some fault grounds include:

• impotence

• adultery

• conviction of a felony

• abandonment for one year

• cruel and inhuman treatment

CHILD CUSTODY
Custody is determined according to the best interests of the child without regard to the sex of the parent. Custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents.

CHILD SUPPORT
Arkansas has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education. Generally, the paying parent can expect to pay 15% of income for one dependent; 21% for two; 25% for three and up to 32% for six dependents.

MEDIATION
Arkansas legislation has strongly encouraged Dispute Resolution.

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Colorado

Residency Requirements
The filing spouse must have lived in the state for at least 90 days before initiating a divorce. After the responding spouse is served, there is a 90 day waiting period before a divorce can be finalized.

Grounds
Irretrievable breakdown of the marriage are the only grounds for dissolution of marriage in Colorado. No fault grounds are recognized.

Child Custody
The parties may agree upon the best physical and legal custody arrangement for their children. Joint legal custody allows the parties to have equal input into the important decisions concerning their children's upbringing. In a contested situation, the court shall determine the allocation of parental responsibilities; including parenting time and decision making responsibilities, in accordance with the best interests of the child.
In making the determination of parenting time (physical custody) the following factors should be considered:

• wishes of the parents

• wishes of the child if sufficiently mature

• bond between child and siblings

• child's adjustment to home, school and community

• ability of parties to encourage the sharing of love, affection and contact between the child and the other party

• child or spousal abuse

In allocating decision making responsibility (legal custody) the following factors should be considered

• credible evidence of the parties' ability to cooperate and make decisions jointly

• whether an allocation of mutual decision making responsibility will promote frequent or continuing contact between the child and each of the parties

Child Support
Colorado has established child support guidelines which are applied in virtually every case. Child support worksheets and forms may be obtained from any district court clerk. The computation looks at the income of both parents and certain specified child related and other expenses. Typically, child support continues until the child reaches the age of majority or until he or she completes high school.

Mediation
With the consent of all the parties, the court may appoint an arbitrator to resolve disputes between the parties concerning the their minor or dependent children, including but not limited to parenting time, nonrecurring adjustments to child support and disputed parental decisions. Arbitration is a binding process. The parties may agree at any time before or after the divorce is started to mediate any disputed issue.

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Connecticut

Residency Requirements
To obtain a final divorce in Connecticut, one spouse must have resided in the State for at least a year. After the return date (the date assigned by the court by which the responding spouse must file an appearance) there is a ninety day waiting period before a divorce may be granted.

Grounds
Connecticut recognizes both fault and no-fault grounds for divorce.

No-fault grounds include:

• irretrievable breakdown of the marriage

• incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation

Fault grounds include:

• adultery

• life imprisonment

• fraud

• confinement for incurable insanity for five years

• cruel and inhuman treatment

• willful desertion and non-support for one year

Child Custody
The court may award joint or individual custody according to the parties based on their agreement, or subsequent to a trial. In a contested situation, the court will consider the wishes of the child if sufficiently mature. The court may also consider whether the party satisfactorily completed participation in a parenting education program.

Child Support
Connecticut has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
Connecticut courts have authority to require mediation to address dissolution issues. The parties may agree to submit their disputed issues to mediation at any time, before or after the divorce is initiated.

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Delaware

Residency Requirements
Either spouse must have lived in the state for at least 6 months before filing.

Grounds
Delaware recognizes one fault ground and one no-fault ground for divorce.

The no-fault ground is the irretrievable breakdown of the marriage.

The fault based ground is separation caused by mental illness.

Child Custody
The parties may agree to joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal custody and will determine residential arrangements (physical custody) for the child, each in accordance with the best interests of the child.

The following are some of the factors to be considered in any custody determination:

• wishes of the child

• wishes of the parents

• bond between parent and child

• child's adjustment to home, school and community

• mental and physical health and well being of all involved

In any case where there are living children of the marriage up to the age of 17, the Court shall order that the parties pay for and participate in a "Parenting Education Course" unless the Court, upon motion, determines that participation in the course is deemed not necessary.

Child Support
Delaware has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
Any civil matter pending on the Superior Court docket is eligible for referral to voluntary mediation. Before or after a divorce is initiated, the parties may agree to submit their disputed issues to mediation.

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District of Columbia

Residency Requirements
Either spouse must have lived in the District for at least six months before filing. Military personnel are eligible to file if they have been stationed in the District of Columbia for six months.

Grounds
The only grounds for divorce in District of Columbia are:

• mutual voluntary separation without cohabitation for six months

• living separate and apart without cohabitation for one year

 
Child Custody
The parties may agree to child custody arrangements which are best for their children. In a contested situation the court may award joint or sole custody according to the best interests of the child. There shall be a rebuttable presumption that joint custody is in the best interest of the child.
 
Child Support

The District of Columbia has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Florida

Residency Requirements
A spouse filing for divorce must have lived in state for six months.

Grounds
Florida recognizes the following grounds for dissolution of marriage:

• marriage is irretrievably broken

• mental incapacity of one of the parties

Child Custody
In an uncontested situation, the parties may make all decisions concerning legal and physical custody of their children. It is presumed that shared parental responsibility is in the child's best interest.
Where there is a child of the marriage the court may order counseling for one or both of the parties or take any other action as may be in the best interests of the parties and the minor child of the marriage.
The court shall determine all matters relating to custody in accordance with the best interests of the child and in accordance with the Uniform Child Custody Act. The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared responsibility would be detrimental to the child. The court may order joint or sole parental responsibility of the minor child. The court may consider the expressed desires of the parents.

Child Support
Florida has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer the parties to mediation.

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Georgia

Residency Requirements
A spouse filing for divorce must have lived in the state for six months prior to filing. A final divorce may be granted thirty days after it is initiated.

Grounds
Georgia recognizes both fault and no-fault grounds for divorce.

The no-fault grounds are:

• irretrievable breakdown of the marriage

The following are some of the thirteen fault grounds recognized in Georgial.

• adultery

• impotence

• imprisonment

• drunkenness/substance abuse

• separation caused by mental illness

• cruel and inhuman treatment

Child Custody
There is no gender based preference or joint custody preference under the law, but the parents may choose a joint legal and/or joint physical custody arrangement. Typically, a mature child of fourteen or older may decide which parent to live with.
Custody is determined according to the best interests of the child. The parties or the court should consider many factors in reaching a custody decision including:
age and sex of the child;
compatibility with each parent;
ability of each parent to care for and nurture the child.

Child Support
Both parents are expected to provide financial support for their children until the children reach the age of eighteen, or graduate from high school, whichever last occurs. Parents may agree in their divorce settlement to a specific allocation of college expenses.

Venue
A Complaint for Divorce should be filed in the Superior Court of the Defendant's county of residence or, if the Defendant has recently moved from the State of Georgia, in the county of the Plaintiff's residence.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Hawaii

Residency Requirements
A spouse filing for divorce must have lived in the state for three months. A final divorce cannot be granted until at least one spouse has been a resident of the state for at least six months.

Grounds
Hawaii recognizes the following no-fault grounds for divorce:

• irretrievable breakdown of the marriage

• living separate and apart without cohabitation for two years

• legal separation and there has been no reconciliation

Child Custody
Custody should be awarded to one parent or to both parents according to the best interests of the child. Hawaii recognizes legal custody as the right of a parent to have input into the important decisions concerning a child's development. Joint legal custody is usually granted to the parents. Most often one parent is awarded primary residential (physical) custody, but joint residential custody can be agreed upon or awarded by the court. If the child is sufficiently mature, the child's wishes as to custody shall be considered and given due weight by the court.

Child Support
Hawaii has adopted child support guidelines which apply in virtually every case, unless exceptional circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
The Family Court of the circuit in which the applicant has been domiciled or has been physically present for a continuing period of at least three months.

Mediation
There is established within the judiciary the center for alternative dispute resolution. The center shall facilitate the effective, timely, and voluntary resolution of disputes. Private mediation is available, and it can be initiated at any time, before or after a divorce is initiated.

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Idaho

Residency Requirements
A spouse filing for divorce must have been a resident for six weeks.

Grounds
Idaho recognizes both fault and no-fault grounds for divorce.

Idaho recognizes irreconcilable differences which have caused the irremediable breakdown of the marriage as no-fault grounds.
 

The following are some Idaho's seven fault grounds for divorce:

• adultery

• insanity

• conviction of a felony

• willful desertion

• cruel and inhuman treatment

Child Custody
Idaho presumes that joint legal and physical custody is in a child's best interest. Legal custody is a concept that permits a parent to have decision making power over the major decisions in a child's life, regardless of the child's physical placement. Physical custody defines the child's residential placement. Joint physical custody does not mean that a child will necessarily spend 50% of his or her time with reach parent, in fact such schedules are unusual.
Custody is determined according to the best interests of the child. The following are some factors which should be considered in any child custody decision.

• wishes of the child's parents

• wishes of the child

• bond between child and parent and siblings

• child's adjustment to home, school, and community

• mental and physical health and integrity of all individuals involved

Child Support
Idaho has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, but will be extended through his or her high school education.

Venue
Venue for a divorce action is determined by residence. A divorce should be initiated in the county where the defendant resides. If defendant is out of state or if his or her address is unknown, then in the county where the plaintiff resides.

Mediation
By law all domestic relations actions involving a controversy over custody or visitation of minor children in the courts of this state shall be subject to mediation regarding issues of custody, visitation or both. Voluntary mediation of any disputed issue may be initiated by the parties at any time, before or after a divorce is initiated.

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Illinois

Residency Requirements
A spouse filing for divorce must have been a resident for 90 days.

Grounds
Illinois recognizes both fault and no-fault grounds for divorce.

The following are the no-fault grounds:

• irreconcilable differences

• the spouses have lived separate and apart without cohabitation for two years

•  however if both spouses agree to the divorce, the time period is reduced to six months.

The following are some fault grounds:

• adultery

• bigamy

• impotence

• conviction of a felony

• willful desertion for one year

• cruel and inhuman treatment

• drunkenness

• infection of the other spouse with a sexually transmitted disease

Child Custody
The parties may agree to joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal custody and will determine residential arrangements (physical custody) for the child, each in accordance with the best interests of the child.

The court shall determine custody in accordance with the best interests of the child. The following are some considerations:

• wishes of the child's parent

• wishes of the child

• bond between child and parent and siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Illinois has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, or until the child graduates from high school, whichever last occurs. Child support may, under some circumstances, be extended through college.

Venue
The proceedings shall be held in the county where the plaintiff or defendant resides.

Mediation
The Illinois Legislature has found that mediation of disputes has a great potential for efficiently reducing the volume of matters which burden the court system. It is therefore strongly encouraged.

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Indiana

Residency Requirements
A spouse filing for divorce must have been a resident for six months. Further there is a 60 day waiting period for an uncontested and consented dissolution.

Grounds
Indiana recognizes both fault and no-fault grounds for divorce.

The following is the no-fault grounds:

• irretrievable breakdown of the marriage

The following are some fault grounds:

• impotence

• conviction of a felony

Child Custody
The parties may agree to joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal custody and will determine physical custody for the child, each in accordance with the best interests of the child.

The court shall determine custody in accordance with the best interests of the child. The following are some considerations:

• age and sex of the child

• wishes of the child's parent

• wishes of the child

• bond between child and parent and siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Indiana has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
Venue lies in the county where either the petitioner or respondent resides.

Mediation
Whenever the court issues an order regarding the dissolution of marriage, the court shall determine whether the proceeding should be referred to mediation. In making this determination the court shall consider the ability of the parties to pay for the mediation services, and whether mediation is appropriate in helping the parties resolve their disputes. Prior to or during divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Iowa

Residency Requirements
Generally, a spouse filing for divorce must have been a resident for one year. However there is no residency requirement for the filing spouse if the respondent spouse is a resident of Iowa and has been personally served with the petition for the dissolution of marriage.

Grounds
Irretrievable breakdown of the marriage is the only grounds for the dissolution of marriage.

Child Custody
The parties may agree to joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal custody and will determine physical custody for the child, each in accordance with the best interests of the child.

The following are some factors that the court will consider:

• suitability of each parent as custodian

• whether the child will suffer from lack of contact with and attention from both parents

• parent's communications skills with each other regarding the child

• child's wishes

• agreement of the parents

• geographic proximity of the parents

Child Support
Iowa has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority or completes high school, and may be extended through his or her college education.

Venue
Venue lies in the county of either party.

Mediation
The court shall determine in each domestic relations proceeding whether the parties shall participate in mediation to attempt to resolve differences without court intervention. The court may order participation in mediation at any time prior to the entering of a final order or the granting of a final decree.

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Kansas

Residence Requirements
A spouse filing for divorce must have been a resident for sixty days.

Grounds
Kansas recognizes the no-fault grounds of incompatibility.

Some of the fault-based grounds are:

• failure to perform a marital duty or obligation

• incompatibility by reason of mental illness and confinement to a mental institution for two years or adjudication of mental illness

Child Custody
The court shall determine custody (joint or sole) in accordance with the best interest of the child. If the parties have a written agreement concerning the custody of their minor child, it is presumed that the agreement is in the best interest of the child.

The following are some factors that should be considered in any in custody decision:

• wishes of the child's parents

• wishes of the child

• bond between child and parent and siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Kansas has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be brought in the county in which the petitioner is an actual resident at the time of filing, or the county where the respondent resides.

Mediation
The court may order mediation of any contested issue of child custody or visitation at any time upon the motion of a party or upon the court's own motion. In every case, the parties are free to engage in mediation before or after their divorce has been initiated. If the parties are able to reach agreements as to their divorce issues through mediation, they may proceed in court on an uncontested basis.

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Kentucky

Residency Requirements
A spouse filing for divorce must have been a resident for 180 days.

Grounds
The only grounds for divorce in Kentucky are the irretrievable breakdown of the marriage.

Child Custody
The parents may agree to, or the court may award, joint or sole custody of children. Joint custody does not necessarily that each parent will have the child 50% of the time, but it does insure that each parent will participate in making important decisions pertaining to the child.
Custody is determined according to the best interests of the child. Any custody decision should take into account the ability of each spouse to parent the child.

The following are some other factors which should be considered:

• wishes of the child's parent

• wishes of the child

• bond between child and parent and siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Kentucky has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
The action must be brought in the county where the husband or wife usually resides.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Louisiana

Residency Requirements
A spouse filing for divorce must have been a resident for one year. Further there is a 180 day waiting period once a petition for divorce is filed before it can be finalized.

Grounds
The no-fault grounds for divorce in Louisiana are:

• The spouses have been living separate and apart continuously for at least 180 days as of the date the Petition for Divorce is filed if there are no minor children (Note: the requisite period of time is 365 days if there are minor children).

The following are some of the fault grounds:

• adultery

• conviction of a felony

Child Custody
The primary consideration in awarding custody is the best interest of the child. In Louisiana joint custody is rebuttabley presumed to be in the best interests of the child. Joint custody affords both parents the opportunity to participate in the process of making decisions pertaining to the child's development, but it does not necessarily mean that the child will spend 50% of his or her time with each parent. Any custody decision should take into account, among other factors, the following:

• relationship between parents and child

• age and gender of the child

• parent's ability to encourage a continuing relationship between the child and the other parent

• parent's moral fitness and the mental and physical health of the parties

Child Support
Louisiana has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will generally continue until the child reaches the age of majority, or completes high school, whichever last occurs.

Mediation
When it appears issues regarding custody or visitation are contested, or when it appears to the court to be in the best interests of the child, the parties may be required to mediate their differences upon the motion of the court or upon motion of either party.
The purpose of such mediation proceeding shall be to reduce the acrimony which exists between the parties and to develop an agreement assuring the child close continuing contact with both parents after the marriage is dissolved.
The parties may agree to submit any disputed issue to mediation at any time, before or after a divorce action has been initiated.

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Maine

Residency Requirements
A spouse filing for divorce must have been a resident for six months.

Grounds

The no-fault grounds for divorce in Maine are:

• irreconcilable marital differences

The following are some of the fault grounds:

• adultery

• impotence

• alcoholism/substance abuse

• cruel and inhuman treatment

• desertion for 3 years

Child Custody
Custody should be awarded to one parent or to both parents according to the best interest of the child. Maine recognizes legal custody as the right of a parent to have input into the important decisions concerning a child's development. Joint legal custody is usually granted to the parents. Most often one parent is awarded primary physical custody, but joint physical custody can be agreed upon or awarded by the court. If the child is sufficiently mature, the child's wishes as to custody shall be considered and given due weight by the court. The following are some factors which should be considered in making child custody decisions:

• age of the child

• bond between child and parent

• wishes of the child

• duration and adequacy of child's current living arrangements

• motivations of the parties

• child's adjustment to home, school and community

Venue
An action for divorce may be brought in the division where either the plaintiff or the defendant resides.

Mediation
In any contested case involving minor children, the court will order mediation of issues related to the children. The court may, in any case involving domestic relations whether or not children are involved, refer the parties to mediation on any issue. Prior to the initiation of divorce proceedings, the parties may voluntarily choose to mediate their disputed issues.

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Maryland

Residency Requirements
If the grounds for divorce occurred outside of the state, there is a one year residence requirement for the filing spouse. Otherwise there is no minimum residency requirement.

Grounds
The no-fault grounds for divorce in Maryland are:

• voluntarily lived separate and apart for one year without cohabitation and there is no reasonable expectation of reconciliation.

The following are some of the fault grounds:

• adultery

• willful desertion for one year

• conviction of a felony

Child Custody
Joint legal custody can be agreed upon by the parties, but it is not always awarded in a contested situation. Joint legal custody means that the parties have equal decision making power where the important decisions concerning the children's issues. Physical custody is determined according to the best interests of the child and the parties' agreement.

Child Support
Maryland has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A bill of divorce shall be filed in a county where the plaintiff resides, or where the defendant resides, is regularly employed or has a place of business.

Mediation
If the court determines that mediation is appropriate and feasible, it shall enter an order requiring the parties to mediate the custody or visitation dispute. Prior to the initiation of divorce proceedings, the parties may voluntarily choose to mediate their disputed issues, so that they may proceed in court on an uncontested basis.

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Massachusetts

Residency Requirements
If the grounds for divorce occurred outside of the commonwealth, there is a one year residence requirement for the filing spouse. Otherwise there is no minimum residency requirement.

Grounds
The no-fault grounds for divorce in Massachusetts are:

• irretrievable breakdown of the marriage

The following are some of the fault grounds:

• adultery

• impotence

• imprisonment for over five years

• alcoholism/substance abuse

• willful desertion for one year

Child Custody
In making an order or judgment relative to the custody of children, the rights of the parents shall, absent any misconduct, be held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child's present or past living conditions adversely affect his physical, mental, moral or emotional health.

Child Support
Massachusetts has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
Almost all divorce cases are heard in the Probate and Family Court in the county where either spouse is living at the time of the petition.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Michigan

Residency Requirements
One spouse must have been a resident of Michigan for 180 days and a resident of the county where he or she files for ten days.

Grounds
The only grounds for divorce in Michigan is the irretrievable breakdown of the marriage.

Child Custody
The Michigan courts recognize joint custody as one possible child custody arrangement. Joint custody permits both parents to participate in the decision making process where their child's development and well being are concerned. Joint custody does not usually mean that the child will spend equal time with both parents.
In making any custody decision whether by the parents or by a judge in a contested situation, the following are some of the factors to be considered:

• wishes of the child's parent to give love, affection and guidance

• wishes of the child

• bond between child and parent

• moral fitness of the parties involved

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Child Support is based on the child's needs and the parents ability to support him or her. Michigan has adopted child support guidelines which apply to most cases, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child Support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
On written stipulation of the parties, on written motion of a party, or on the judges own initiative, the judge may refer the contested issues to mediation. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their disputed issues to mediation so that they may proceed in court on an uncontested basis.

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Minnesota

 
Residency Requirements
One spouse must have been a resident of Minnesota for 180 days before filing.

Grounds
The only grounds for divorce in Minnesota are the "irretrievable breakdown of the marriage." This is demonstrated by:

• living separate and apart for 180 days

• serious marital discord adversely affecting the attitude of one or both spouses toward the marriage

Child Custody
The parents can decide who will get custody. Either sole or joint custody may be chosen. Joint legal custody provides both parents the right to be involved in the decision making process concerning the child's well being and development. In any custody decision, contested or by agreement, some of the factors that should be considered are:

• wishes of the child's parent to give love, affection and guidance

• wishes of the child if child is sufficiently mature

• bond between child and parent and other siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
The Minnesota legislature has adopted child support guidelines which apply in virtually every case, absent special circumstances. The guideline child support amount is based on the income of the non-custodial parent with adjustments for certain specified expenses.

Venue
A proceeding for divorce may be brought by either spouse in the county where either spouse resides.

 Mediation
The parties may choose to submit their disputed issues to mediation at any time, before or after a divorce has been initiated. If the parties are able to reach an agreement through mediation, they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Mississippi

Residency Requirements
Either spouse must have been a resident of Mississippi for at least six months before filing.

Grounds
Mississippi recognizes the no-fault grounds of irreconcilable differences.

The following are some of the fault grounds:

• adultery

• impotence

• alcoholism/Substance abuse

• cruel and inhuman treatment

• willful desertion for one year

Child Custody
Joint or sole custody may be awarded in accordance with the best interests of the child. Typically, joint legal custody gives both parents the right to participate in making decisions concerning the child's development and well being.

Child Support
Mississippi has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education. Generally, a noncustodial parent can expect to pay approximately 14% of his or her adjusted gross income as support for one child. That amount increases to 24% for four children.

Mediation
As is true in most states, mediation is becoming an often used method of resolving disputed issues. The parties may agree to submit their disputed issues to mediation at any time, before or after a divorce is started. If an agreement is reached, the parties can proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Missouri

Residency Requirements
Either spouse must have been a resident of Missouri for ninety days before filing.

Grounds
The only grounds for divorce in Missouri are the no-fault grounds of irretrievable breakdown of the marriage with no reasonable likelihood that the marriage can be preserved.

Child Custody
Custody will be determined according to the best interests of the child. Either joint or sole custody will be awarded. Joint custody affords the parties equal decision making power, but not necessarily equal time with the child, although joint physical custody of children can also be agreed upon.
The following are some factors that should be considered in any custody decision include:

• wishes of the children

• wishes of each parent

• bond between child and parent and other siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Child Support
Missouri has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the needs of the child, and the parents' ability to pay. Child support will typically continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A proceeding for divorce may be brought by either spouse in the county where either spouse resides.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Residency Requirements
Either spouse must have been a resident of Montana for ninety days before filing.

Grounds
Montana recognizes two no-fault divorce grounds:

• serious marital discord and no reasonable prospect of reconciliation (irreconcilable differences)

• living separate and apart for 180 days prior to filing
   

Child Custody
Divorcing parents must file a "Parenting Plan" with the court. This plan outlines in detail the terms of each parent's rights and responsibilities concerning their children's residential and parental placement. It is presumed that both parents will have input into the important decisions concerning their children.
If parents cannot decide how to resolve a specific issue then the court will make a determination according to the best interests of the child.

The following are some of the factors that the should be considered in any custody decision:

• wishes of the child's parent or parents

• wishes of the child if child is sufficiently mature

• bond between child and parent and other siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

• developmental needs of the child

Child Support
Montana has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, or completes high school, but may be extended by agreement of the parties or court order under some circumstances.

Venue
Proceeding for divorce shall occur in the county where petitioner has resided during the 90 days preceding the action.

Mediation
The court may require that parents participate in mediation to resolve disputes that arise under the parenting plans. The parties may agree to submit any or all of their disputed issues to mediation at any time, before or after the divorce has been initiated.

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Nebraska

Residency Requirements
Either spouse must have been a resident of Nebraska for at least one year before filing; or if the marriage was performed in Nebraska, and one spouse has resided in the state during the entire marriage.

Grounds
The approved grounds for divorce in Nebraska are:

• irretrievable breakdown of the marriage.

Child Custody
The court will usually accept the parents' agreement as long as it meets the test of being in the best interests of the children. If the parties are unable to agree, the issue goes to trial and a judge decides. The court cannot give preference to either parent based on gender of the parent or children. Joint legal or physical custody may be agreed upon. Typically such joint custody allows both parents to have direct input into the children's important developmental decisions concerning the children. Joint custody usually does not require that the children divide their time equally between their parents.

In determining custody the following are some factors which should be considered:

• bond between child and parent

• wishes of the child if sufficiently mature

• general health, welfare and social behavior of the child

• each child's age and character, and the stability of each child and each parent

Child Support
Nebraska has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A proceeding for divorce may be brought in the District Court where one of the parties resides.

Mediation
Issues regarding domestic relations may be accepted for dispute resolution at an approved center. A case may be referred prior to the commencement of formal judicial proceedings or may be referred as a pending court case. In order for a referral to be effective, all parties involved must consent to such referral. Prior to the initiation of a divorce the parties may submit any or all of their issues to mediation, so that they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Nevada

Residency Requirements
Either spouse must have been a resident of Nevada for six weeks before filing.

Grounds
The no-fault grounds for divorce in Nevada are:

• incompatibility

• living separate and apart without cohabitation for one year

The fault based grounds are the following:

• insanity for at least two years before filing

Child Custody
Custody will be determined in accordance with the best interests of the child. There will be no preference based upon the gender of the parent. The court will consider wishes of the child, if the child is sufficiently mature. Any reasonable agreement of the parties will be approved by the court. Joint custody may be agreed upon by the parties. Joint custody usually confers upon the parties equal decision making authority over the important decisions concerning their children's important developmental issues. It usually does not require that the children spend an equal amount of time with each parent.

Child Support
Nevada has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be brought in the county in which the defendant resides. If defendant resides out of state then in any county which the plaintiff may designate in his complaint.

Mediation
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

New Hampshire

Residence Requirements
You are eligible to file for divorce in New Hampshire if both parties reside in the state when the action is commenced, or if Plaintiff resides within the state and Defendant is served with process within the state, or if Plaintiff is residing within the State of New Hampshire for one year when Defendant is served with process in a different state.

Grounds
The no-fault grounds for divorce in New Hampshire are:

• irreconcilable differences

New Hampshire still has thirteen fault based divorce grounds on the books. Some of those grounds include:

• adultery

• mental or physical cruelty

• desertion

• alcoholism

• non-support

Child Custody
In a contested situation, the court would award custody based on the child's best interest. It is presumed that the parents will be joint legal custodians of their children. If joint legal custody is not to be awarded, the parties or the court must indicate what factors mandate against it.
Physical custody may be awarded to either parent, or it may be shared or split between the parents. The court will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the children's best interest.

Child Support
New Hampshire has adopted child support guidelines which apply in virtually every case unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will generally continue until the child reaches the age of majority or graduates from high school, which ever last occurs.

Venue
The New Hampshire divorce court system is evolving. Some counties conduct divorce proceedings in the Superior Court. Other counties conduct divorce proceedings in the new Family Court. In any event, the case can be filed in the county where either Petitioner or Respondent resides. To determine where your divorce should be filed, contact the Clerk of the Superior Court in your county.

Mediation
The parties may agree to mediate their disputed issues at any time, before or after a divorce is initiated. If the parties are able to resolve all of their issues through mediation, they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

New Jersey

Residency Requirements
Either spouse must have been a resident of New Jersey for at least one year before filing. In an adultery based divorce, there is no time limit if one spouse is a resident of the state.

Grounds
The no-fault grounds for divorce in New Jersey are:

• living separate and apart for eighteen months and no reasonable expectation of reconciliation.

The following are some of the New Jersey fault based grounds:

• adultery

• sentenced to jail for eighteen months or more

• drug addiction

• cruel and inhuman treatment

• willful desertion for one year

Child Custody
Custody will be determined in accordance with the best interests of the child. In making an award of custody the following are some factors which should be considered:

• parents' ability to agree

• relationship of child with its parents and siblings

• needs of the child

• preference of the child, if child is sufficiently mature

The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.

Child Support
New Jersey has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
The Superior Court has jurisdiction for all divorce actions.

Mediation
The parties may agree to submit their areas of disagreement to mediation at any time. If they are able to reach an agreement, they may proceed in court on an uncontested basis.

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New York

Residency Requirements
New York imposes a two year residency period if only one spouse lives in New York at the time of filing. A one year period is imposed if: (1) the marriage took place in NY and one spouse is still a resident; or (2) both spouses resided in NY and one spouse is still a resident; or (3) grounds for divorce arose in NY. No minimum time limit is required if the spouses are both residents and the grounds arose in NY.

Grounds
The no-fault grounds for divorce in New York are:

• living separate and apart for one year under the provision of a written signed and notarized separation agreement

• living separate and apart under the terms of a judicial separation decree (Legal Separation)

The following are some of the fault based grounds:

• imprisonment for three years or more

• abandonment for one year

• cruel and inhuman treatment

• adultery

Child Custody
In no case shall there be a preference based on the gender of the parent or child. In a contested situation, the court shall determine solely what is for the best interest of the child, and what will best promote his or her welfare and happiness, and make an award accordingly.

Child Support
New York has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Typically the paying spouse will contribute 17% of his or her income for one child, and up to 31% for four children. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

New Mexico

Residency Requirements
Either spouse must have been a resident of New Mexico for at least six months before filing and have a home in the state.

Grounds
The no-fault grounds for divorce in New Mexico are:

• incompatibility such that the legitimate ends of the marriage relationship have been destroyed with no reasonable expectation of reconciliation

The following are some of the New Mexico fault based grounds:

• adultery

• abandonment

• cruel and inhuman treatment

Child Custody
It is presumed that joint legal custody is in the best interests of the child. Joint legal custody allows both parents to be actively involved in the important decisions concerning their children's development. If the parents cannot agree as to custody they will be referred to mediation. If mediation fails the court will decide custody according to the best interests of the child.
The following are some factors which should be considered in any custody decision:

• recommendations of professionals

• parenting abilities of the parents

• wishes of the child

• bond between child and parent

• child's adjustment to home, school and community

• mental and physical health of all individuals involved

Child Support
New Mexico has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, certain child related expenses, and the amount of time the child spends with each parent. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A proceeding for divorce may be brought in the county where either party resides.

Mediation
In addition to the custody mediation mentioned above, the parties may agree to submit any areas of disagreement to mediation at any time. If they are able to reach an agreement, they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

North Carolina

Residency Requirements
Either spouse must have been a resident of North Carolina for at least six months before filing.

Grounds
The grounds for divorce in North Carolina are:

• living separate and apart without cohabitation for one year

• living separate and apart because of incurable insanity for three years without cohabitation

Child Custody
The parents are free to decide upon their children's custody issues, so long as their decisions are deemed by the court to be in the children's best interest. There will be no preference based upon the gender of the parent. In making its determination the court shall consider all relevant factors.

Child Support
North Carolina has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A proceeding for divorce may be brought in the county where either the plaintiff or defendant resides.

Mediation
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

North Dakota

Residency Requirements
Either spouse must have been a resident of North Dakota for at least six months before filing.

Grounds
The no-fault grounds for divorce in North Dakota are:

• irreconcilable differences

The following are some of the fault based grounds:

• adultery

• conviction of a felony

• alcoholism

• willful desertion

• cruel and inhuman treatment

Child Custody
Custody should be determined in accordance with the best interests of the child. The following are some factors that should be considered in making a child custody decision:

• capacity of the child's parents to give love, affection and guidance

• moral fitness of the parents

• wishes of the child if child is sufficiently mature

• bond between child and parent and other siblings

• child's adjustment to home, school, and community

• mental and physical health of all individuals involved

Venue
An action for divorce may be brought in the county in which the defendant resides at the time of the commencement of the action. If defendant lives out of state, the action shall be brought in the county which the plaintiff designates in the summons.

Mediation
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Ohio

Residency Requirements
Either spouse must have been a resident of Ohio for at least six months.

Grounds
The no-fault grounds for divorce in Ohio are:

• incompatibility

• living separate and apart without cohabitation and without interruption for one year

The following are some of the fault based grounds:

• adultery

• imprisonment

• neglect

• alcoholism

• willful desertion for one year

• cruel and inhuman treatment

Child Custody
Ohio no longer awards "custody" of children to parents. Instead, in an effort to keep both parents involved in the children's lives, Ohio may designate one parent as the "residential parent" and the other the "non-residential parent". This modification of the traditional "custodial" "non-custodial" labels is intended to emphasize that children need a continuing relationship with both parents. Shared parenting is a viable option in Ohio. The parties may submit a Shared Parenting Plan to the court for approval. Such a plan should delineate each parent's rights and responsibilities regarding their children, and it should specify the child's physical residential schedule.

Child Support
Ohio has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education. Generally, child support is paid through wage assignment.

Venue
An action for divorce shall be brought in the county in which the plaintiff is and has been a resident for at least ninety days immediately preceding the filing of the complaint.

Mediation
If the parents of the children do not agree upon an appropriate allocation of parental rights and responsibilities for the care of their children or do not agree upon a specific schedule for visitation for their children, the court may order the parents to mediate their differences on those matters in accordance with mediation procedures adopted by the court by local rule.
Further, the parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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Oklahoma

Residency Requirements
Either spouse must have been a resident of Oklahoma for at least six months before filing.

Grounds
The no-fault grounds for divorce in Oklahoma are:

• incompatibility

The following are some of the fault based grounds:

• adultery

• impotence

• imprisonment

• gross neglect

• alcoholism

• abandonment for one year

• cruel and inhuman treatment

Child Custody
In an action for divorce where there are minor children involved, the court shall not issue a final order until at least ninety days from the date of filing the petition, although this may be waived. Further, during this ninety day period the court may require the parties attend and complete a parenting educational program.
Decisions need to be made concerning the child's physical custody and legal custody. Joint legal custody provides each parent with the right to be involved in the important decisions concerning the child's important developmental issues. The court will approve parental decisions concerning their children, so long as those decisions appear to be in the children's best interest.

Child Support
Oklahoma has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be filed in the county in which the plaintiff has been a resident for the thirty days immediately preceding the filing of the petition, or in the county where the defendant is a resident.

Mediation
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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Oregon

Residency Requirements
If the marriage took place in Oregon and one spouse is a resident of Oregon, then there is no residency time limit. If the marriage was not performed in Oregon, then one spouse must have been a resident of Oregon for six months before filing.

Grounds
The following are some of the grounds for divorce in Oregon:

• irreconcilable differences between the spouses which have caused the irretrievable breakdown of the marriage

• consent to marriage was obtained by fraud, duress, or force

• minor married without lawful consent

Fault may be considered where child custody is an issue.

Child Custody
In any divorce proceeding in which the custody of minor children is involved, the parents will be required to develop and file with the court a "parenting plan" outlining how parental responsibilities and parenting time is to be shared. Joint legal custody affords each of the parents to be actively involved in making the important decisions concerning their child's development. The court will approve the decisions made by parents concerning their child's custodial arrangement, so long as those decisions appear to be in the child's best interest.

Child Support
Oregon has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A divorce proceeding shall commence and be tried in the county in which one of the parties resides.

Mediation
In a divorce action in which it appears that custody, parenting time or visitation of a child are contested, the court shall refer the matter for mediation of the contested issues prior to or concurrent with the setting of the matter for hearing.
Further, the parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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Residency Requirements
One spouse must have been a resident of Pennsylvania for at least six months before filing a divorce. In an uncontested situation, the court may grant a final divorce three months after the responding parent has been served with the action.

Grounds
The following are the no-fault grounds for divorce in Pennsylvania:

• irretrievable breakdown of the marriage with spouses living separate and apart without cohabitation for two years

• irretrievable breakdown of the marriage and the spouses have signed and filed affidavits stating that they consent to the divorce

The following are some of the fault based grounds:

• adultery

• imprisonment for two or more years

• willful desertion

• cruel and inhuman treatment

Child Custody
Joint (shared) or sole custody may be awarded based on the best interests of the child. Joint custody affords to both parents the right to be involved in the important decisions concerning their child's development. Joint custody does not usually mean that the child will divide his or her time equally between the parties. Generally the court will approve the parent's agreement pertaining to child custody so long as the agreement appears to be in the child's best interest.

Child Support
Pennsylvania has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A proceeding for divorce may be brought in the county where the defendant resides or if defendant is out of this Commonwealth then where plaintiff resides.

Mediation
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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Residency Requirements
One spouse must have been a resident of Rhode Island for at least one year before filing for a divorce.

Grounds
The following no-fault grounds for divorce in Rhode Island are:

• irreconcilable differences which have caused the irremediable breakdown of the marriage

The following are some of the fault based grounds:

• adultery

• impotence

• alcoholism/substance abuse

• willful desertion for five years

• gross neglect

• extreme cruelty

Child Custody
Custody may be granted to either parent or joint custody may be agreed upon by the parties or awarded by the court. Joint custody affords the parties equal decision making power, but not necessarily equal time with the child.
Factors to consider in making child custody decisions include:

• age and sex of the child

• safety and well being of the child

• character and experience of the parents

• desires of a mature child

Child Support
Rhode Island has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
Commencement of a divorce proceeding shall generally be filed in the county in which the plaintiff is residing.

Mediation
In any petition for divorce the Family Court may direct the parties to participate in mediation in an effort to resolve their differences regarding custody and visitation.
The parties may agree to submit any or all of their disputed issues to mediation, before or after a divorce is initiated. The agreements reached in mediation may allow the parties to proceed in court on an uncontested basis.

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Residency Requirements
There is a three month waiting period if both parties are residents of the State. If only the filing spouse is a resident, then he/she must have been a resident for at least one year before the court gains jurisdiction over the divorce.

Grounds
The no-fault grounds for divorce in South Carolina are:

• living separate and apart without cohabitation for one year

The following are some of the fault based grounds:

• adultery

• alcoholism/Substance abuse

• willful desertion for one year

• physical abuse or reasonable apprehension of physical abuse

Child Custody
South Carolina courts have held that shared custody is generally in the best interests and welfare of the children. Shared custody allows both parents to be involved in making the important decisions concerning the child's development. It generally does not mean that the child will divide his or her time equally between the parties. The court will typically approve any custody agreement reached by the parties so long as it appears to be in the child's best interest.

Child Support
South Carolina has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
Actions for divorce must be tried in the county in which the defendant resides at the time of the commencement of the action. If the Defendant is a nonresident, or if the Defendant cannot be found, the action will be brought in Plaintiff's county.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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South Dakota

Residency Requirements
The filing spouse must be a resident of South Dakota when filing for a divorce and until the divorce is final. There is no minimum residency requirement.

Grounds
The no-fault grounds for divorce in South Dakota are:

• irreconcilable differences which have caused the irretrievable breakdown of the marriage

Some of the fault based grounds are:

• adultery

• conviction of a felony

• willful desertion

• cruel and inhuman treatment

Child Custody
In ordering joint legal custody, the court may consider the desires of the parents and may grant to one party the ultimate responsibility over all aspects of the child's welfare. The court may also divide those aspects between the parties based on the best interest of the child. The court will generally approve any agreement the parties reach concerning custody, so long as it appears to be in the child's best interest.

Child Support
South Dakota has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be brought in the county of residence of either party.

Mediation
The Courts of South Dakota are authorized to order mediation for any custody or visitation dispute between parents. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Residency Requirements
If the grounds for divorce arose outside of Tennessee then at least one spouse must have been a resident of the state for six months before filing. If the grounds arose in state, there is no minimum time requirement.

Grounds
The no-fault grounds for divorce in Tennessee are:

• irreconcilable differences

• living separate and apart without cohabitation for three years and there are no minor children

The fault based grounds are:

• adultery

• conviction of a felony with imprisonment

• impotence

• willful desertion for one year

• endangering the life of the spouse

Child Custody
The court will generally approve any agreement of the parties concerning their children so long as it appears to be in the children's best interest. Joint custody agreements permit both parties to participate in the major decisions concerning their children. They typically do not mean that the children share their time with their parents equally.

Child Support
Tennessee has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
A divorce petition may be filed in the county where the parties reside at the time of their separation, or in the county in which the respondent resides, if he or she is resident of the state. If the respondent is a nonresident of the state or a convict, then file in the county where the petitioner resides.

Mediation
Upon motion of either party, or upon its own motion, a court may order the parties to participate in mediation. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Residency requirements
One spouse must have lived in Texas for at least six months prior to a divorce being initiated. Additionally, the filing party must have been a resident of his or her county for at least ninety days prior to the filing.

Grounds
The no-fault grounds for divorce in Texas are:

• in supportability because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation or this no-fault ground

• living separate and apart without cohabitation for 3 years

Some of the fault-based grounds include:

• adultery

• cruelty

• conviction of a felony

• abandonment

Child custody
Texas court policy prefers that divorcing parties continue to co-parent their children as joint managing conservators. This concept permits both parents to be involved in the important decisions concerning their children's health, development and welfare. Joint managing conservatorship does not necessarily require that the children share their time equally between their parents. If it can be shown that joint managing conservatorship is not in the children's best interest, either parent may be awarded sole managing conservatorship with the other being awarded visitation rights. Generally, the courts prefer that the parents reach their own decisions pertaining to the custody of their children. Any agreement between the parties which is not clearly contrary to the children's best interest will generally be approved by the court.

Child support
Texas has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties and certain child related expenses. Child support generally continues until the child reaches the age of majority or graduates from high school, which ever last occurs.

Mediation
The parties may agree to mediate their disputed issues at any time, before or after a divorce is initiated. If the parties are able to resolve all of their issues through mediation, they may proceed in court on an uncontested basis.

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Residency Requirements
The filing spouse must have been a resident of Utah and of the county where the divorce is filed for at least three months.

Grounds
The no-fault grounds for divorce in Utah are:

• irreconcilable differences of the marriage

• living separate and apart without cohabitation for three years under a judicial decree of separation (legal separation)

The following are some of the fault based grounds:

• adultery

• conviction of a felony

• impotence

• willful desertion for one year

• drunkenness

• willful neglect

If the petitioner and the respondent have a child or children, a decree of divorce may not be granted until both parties have attended the mandatory parenting education course and presented a certificate of completion to the court.

Child Custody
The court may order joint legal custody if it determines that it is in the best interests of the child and (a) both parents agree to an order of joint legal custody; or (b) both parents appear capable of implementing joint legal custody. Joint legal custody affords each parent the right to be involved in the important decisions concerning the children. Joint legal custody does not usually mean that the children will share their time equally between the parties.

Child Support
Utah has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
In all divorce proceedings in which there is a contested issue of child custody or visitation the court shall, at the initial appearance, refer the parties to mediation and shall provide the parties with a list of approved mediators. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Vermont

Residency Requirements
The filing spouse must have been a resident of Vermont for at least six months. Further, one spouse must have been a resident for one year before a final divorce will be granted.

Grounds
The no-fault grounds for divorce in Vermont are:

• living separate and apart without cohabitation for six consecutive months and resumption of marital relations is not reasonably probable

The fault based grounds include:

• adultery

• willful desertion for seven years

• cruel and inhuman treatment

• gross neglect

Child Custody
Vermont courts recognize that the children will benefit if both parents remain involved with them after a divorce. The parents may decide the issues of legal and physical responsibility by themselves. So long as the agreement appears to be in the children's best interest, it will be approved. If the court is required to make custody in contested situations, it will generally not award joint legal or physical responsibilities.

Child Support
Vermont has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education. It is assumed that child support will be paid by wage assignment.

Venue
An action for divorce may be brought in the county in which either party resides.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
 

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Virginia

Residency Requirements
One spouse must have been a resident of Virginia for at least six months.

Grounds
The no-fault grounds for divorce in Virginia are:

• living separate and apart without cohabitation for one year

The following are some of the fault based grounds:

• adultery

• conviction of a felony and imprisonment for one year

• cruelty

Child Custody
Virginia recognizes and supports the concept of joint legal custody. Joint legal custody affords both of the parents a right to be involved in the important decisions affecting their children. Joint legal custody does not require that the child spend an equal amount of time with both parents. The court will generally approve any agreement concerning custody reached by the parents, so long as it appears to be in the child's best interest.

 
Child Support
Virginia has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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Washington

Residency Requirements
The filing spouse must be a resident of Washington.

Grounds
Washington is a purely no fault state, the grounds are irretrievable breakdown of the marriage.

Child Custody
In all divorce proceedings involving a minor child, each party shall file a proposed permanent parenting plan with the court. The court will approve an agreement reached by the parties pertaining to their children, so long as the agreement appears to be in the children's best interest.

Child Support
Washington has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be filed in the Superior Court of the county where the petitioner resides.

Mediation
In a divorce proceeding a contested issue may be set for mediation before or concurrent with the time set for the final hearing. Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

West Virginia

Residence Requirements
The filing spouse must be a resident of West Virginia for at least one year. However, if the marriage was performed in state, and one party resides in the state, there is no time-limit.

Grounds
The no-fault grounds for divorce in West Virginia are:

• irreconcilable differences

• living separate and apart without cohabitation and without interruption for one year

The some of the fault based grounds in west Virginia are:

• adultery

• abandonment for six months

• alcoholism / substance abuse

• cruel and inhuman treatment

Child Custody
Although either parent may be awarded custody, and while there is no gender-based bias favoring either parent, there is a presumption that the parent who has been the child's primary physical caretaker will be awarded custody in a contested case. The court will approve an agreement concerning custody reached by the parents, if it appears to be in the children's best interest.

Child Support
West Virginia has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce shall be brought in the county in which the parties last cohabited, if the defendant is a resident of the state. Or at the option of the plaintiff, the action may be initiated in the county in which the defendant resides. If the defendant is not a resident then the action shall be brought in either the county in which the plaintiff resides, or in the county in which the parties last cohabited.

Mediation
In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer the parties to mediation.
 

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Residency Requirements
One spouse must have been a resident of Wisconsin for six months and a resident of the county where the divorce will be filed for thirty days prior to filing.

Grounds
The only grounds for divorce in Wisconsin are:

• Irretrievable breakdown of the marriage

Child Custody
The court may award joint legal custody if it finds that doing so is in the best interests of the child and either:
Both parties agree to joint legal custody, or
The parties do not agree to joint legal custody, but one party requests joint legal custody and the court specifically finds the following:
a. Both parties are capable of performing parental duties and responsibilities and wish to have an active role in raising the child
b. No conditions exist at that time which would substantially interfere with the exercise of joint legal custody
c. The parties will be able to cooperate in the future decision making required under an award of joint legal custody.
The court will approve custody arrangements agreed upon by the parties, so long as the agreement appears to be in the children's best interest.

Child Support
Wisconsin has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be brought in the county where the defendant resides or if the defendant is out-of-state, in any county designated by the plaintiff.

Mediation
Mediation is provided in every county in Wisconsin. A custody issue may be referred to mediation by the court or upon request of a party.
Either party may file a motion requesting mediation of their disputed issues , if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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HowToDivorceOnline.com is not a law firm or law office.  In this it is not the intent of this website to provide any legal advice, assistance or services whatsoever in any state or jurisdiction. The sole and express purpose of this website is to provide blank forms that will need to be independently drafted by the end user. Any information or product provided by this website is not intended in any way to be a substitute for personal legal advice or service. If you have any questions whatsoever about your divorce you should seek the advice of an local attorney in the state where you live.

Wyoming

Residence Requirements
The filing spouse must have been a resident of Wyoming for sixty days prior to filing unless the marriage was performed in Wyoming and the filing spouse resides in state until the divorce is final.

Grounds
The no-fault grounds for divorce in Wyoming are:

• irreconcilable differences

The fault based grounds for divorce are:

• confinement for incurable insanity for two years

Child Custody
Wyoming recognizes and supports the concept of joint legal custody. Joint legal custody affords both of the parents a right to be involved in the important decisions affecting their children. Joint legal custody does not require that the child spend an equal amount of time with each parent. The court will generally approve any agreement concerning custody reached by the parents, so long as it appears to be in the child's best interest.

 
Child Support
Wyoming has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.

Venue
An action for divorce may be brought in the District Court of the county in which either party resides.

Mediation
Either party may file a motion requesting mediation of their disputed issues , if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.

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