Legal Separation Explained by How to Get a Divorce

Welcome to How to Get a Divorce.

The terms separation and legal separation are heard often during a divorce, and they are sometimes misused.  The post explains the basics.

Legal Separation is a very specific concept, and requires a petition to the court before it is recognized.

(from wikipedia)

Legal separation (sometimes “separate maintenance,” “divorce a mensa et thoro,” or “divorce from bed-and-board”) is a possible step towards divorce under the laws of many countries. A couple is legally separated only if the couple has successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!

Fault or No Fault Explained by How to Get a Divorce

Welcome to How to Get a Divorce.

I know you have heard the term “no-fault divorce”, but what is fault, how is it determined, and is it even an option. This post explains the basics.

(from wikipedia)

No-fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or, indeed, any evidentiary proceedings at all. It occurs on petition to the court, typically a family court by either party, without the requirement that the petitioner show fault on the part of the other party. Either party may request, and receive, the dissolution of the marriage, despite the objections of the other party.

An “at-fault” divorce, by contrast, is one in which a spouse is found to have committed one of a list of specific acts against the other.

(also from wikipedia)

Prior to the no-fault divorce revolution, a divorce could be obtained only through a showing of fault [meaning] that one spouse had to plead that the other had committed adultery or abandonment or some other similarly sinful act.

The following table summarizes the no-fault and at-fault differences between the states. In addition, state laws will sometimes require that the partners separate for a certain amount of time before divorce is allowed, and these differences are listed as well.

State	Fault	No-Fault	Separation	Length
Alabama	x	x	x	2 years
Alaska	x	x
Arizona		x
Arkansas	x		x	18 months
California		x
Colorado		x
Connecticut	x	x	x	18 months
Delaware	x	x
District of Columbia		x	x	6 months
Florida		x
Georgia	x	x
Hawaii		x	x	2 years
Idaho	x	x	x	5 years
Illinois	x	x	x	2 years
Indiana		x
Iowa		x
Kansas		x
Kentucky		x
Louisiana		x	x	180 days
Maine	x	x
Maryland	x		x	1 year
Massachusetts	x	x
Michigan		x
Minnesota		x	x	180 days
Mississippi	x	x
Missouri		x
Montana		x
Nebraska		x
Nevada		x	x	1 year
New Hampshire	x	x
New Jersey	x		x	18 months
New Mexico	x	x
New York	x		x	1 year
North Carolina	x		x	1 year
North Dakota	x	x
Ohio	x	x	x	1 year
Oklahoma	x	x
Oregon		x
Pennsylvania	x	x	x	2 years
Rhode Island	x	x	x	3 years
South Carolina	x		x	1 year
South Dakota	x	x
Tennessee	x	x	x	2 years
Texas	x	x	x	3 years
Utah	x	x	x	3 years
Vermont	x		x	6 months
Virginia	x		x	1 year
Washington		x
West Virginia	x	x	x	1 year
Wisconsin		x
Wyoming		x

For further information on Legal Separation, click here.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!

QDRO Explained by How to Get a Divorce

Welcome to How to Get a Divorce.

When you get a divorce, if you and your partner must divide a retirement plan, you may need a QDRO. This post explains the basics.

A QDRO is used to transfer interest in a qualified retirement plan. QDRO stands for Qualified Domestic Relations Order and can be pronounced either QUAD-row or CUE-dro. In the world of QDROs, the person whose interest is being transferred is called the participant (because they’re a participant in the retirement plan). The person to whom the interest is transferred is called the alternate payee. The alternate payee is usually the divorcing spouse, but it may also be a child or other dependent.

(from wikipedia)

A Qualified domestic relations order or QDRO is a legal order subsequent to a divorce that splits and changes ownership of a retirement plan to give the divorced spouse their share of the asset or pension plan. QDROs may grant ownership in the participant’s (employee’s) pension plan to an alternate payee, who must be a spouse, former spouse, child or other dependent of the participant. A QDRO may provide for marital or community property division between the participant and the alternate payee, or for the payment of alimony or child support to the alternate payee. QDROs apply only to employee benefit or pension plans subject to ERISA, the Employee Retirement Income Security Act, the American law governing private sector pensions. Comparable types of orders are available to divide military retirement pay and Federal civil service retirement plans, and for State, county and municipal retirement plans in most States. QDROs must first be entered by the State domestic relations court and then reviewed by the plan administrator for compliance with ERISA or other applicable law and the terms of the plan.

There are many issues involved in receiving a QDRO, and not all plans are qualified (some military and government plans are exempt from ERISA, and so do not allow QDROs. There are many complexities involved, and for most people, a QDRO should be handled by a legal professional.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!

Complaint Department for How to Get a Divorce

Welcome to the How to Get a Divorce Complaint Department.

While we strive to be all things to all people, we know that we will make mistakes and have disagreements with our loyal fans. We want to hear your feedback, good and bad, and here is a facility for you to start that dialog.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!

Suggestion Box for How to Get a Divorce

Welcome to the How to Get a Divorce Suggestion Box.

If you have ideas for content, specific questions, or you would like to make a general comment or start a discussion, we want to hear it. Please comment on this post, and check back for our reply.

Thank you for visiting us.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!

Welcome to How to Get a Divorce

Welcome to How to Get a Divorce.

The goal of this blog is to share information about all aspects of the divorce process, starting from tips on saving the marriage, all the way to healing from the breakup. Here at HTGAD, we know that without your feedback and help, this site will not be a complete success, so your comments and suggestions are wholeheartedly welcomed.

If you have suggestions for topics, please post a comment to the the Suggestion Box. We will address your topic as soon as we can. If you would like to comment on a post or an article, nearly all of them will allow that. If we have disabled commenting on a particular item, please feel free to post to the Complaint Department.

In addition, until traffic grows to a level where it is unreasonable, we are also accepting comments and feedback via email, at howtogetadivorceA2Z@gmail.com.

Welcome to the site, enjoy and participate, and we will get through these tough times more easily.

Namaste,

Todd (site admin)

Thank you for visiting How to Get a Divorce!