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Laws to end a marriage depend on the state of residence

As South Carolina residents may know, when a couple decides to split up, the laws vary depending on the state. Because of this, waiting times may vary, property division may be different and alimony may not be possible.

Depending on state law, filing for dissolution of a marriage may be determined by the date upon which a couple separated and whether this is an option if the couple still lives on the same property or one partner has left. In addition, it may affect a mutually agreed dissolution. In Maryland, a no-fault marriage dissolution still requires a two-year waiting period.

One requirement for successively dissolving a marriage agreement is a financial statement, although it may be called by a different name depending upon where one lives. Although requirements might vary depending upon the state, financial statements generally include a detailed list of assets, income, expenses and debts.

When dividing assets, the way the assets are divided may depend on the state of residence. In some states, including Connecticut, Vermont and Massachusetts, there is no distinction between property obtained before or after a marriage or after separation. In other states, the division of assets may exclude property belonging to one partner before the couple married or after separation. This might include gifts, judgments from lawsuits, inheritances or separate property that was mutually agreed upon legally through a prenuptial or postnuptial.

While most states follow equitable distribution, some may be community property states. Community property states split assets down the middle, and in states that have equitable distribution of property, one spouse may receive less than half of marital assets. An individual contemplating divorce may benefit from meeting with an attorney who is able to explain state laws for the dissolution of a marriage and help by preparing the appropriate paperwork, as well as advising on what is required.

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Aaron & Aaron
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Clemson, SC 29631

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