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Divorce FAQs

Where should I file for divorce?

You must file for divorce in the state where you are currently considered a resident. Each state has its own residency requirements that you must fulfill, including length of time residing in the state, and other actions including employment or purchase of property.  If you do not qualify as a resident of the state in which you are currently living but need orders regarding custody, visitation, support or division of assets and debts, you may be able to file for a legal separation and then later amend the paperwork to a divorce once you meet your state’s residency requirements.

Can I cancel my divorce?

If you are the spouse who filed for divorce, you may be able to request that the court dismiss your case without prejudice. If you are not the original petition in the case, you may not be able to request a termination of divorce proceedings and may instead need to request that the other spouse file for a dismissal.  If you are both in agreement regarding cancellation of your divorce proceedings, some states will allow you to file a request for dismissal as well.

Do I qualify for an annulment?

The courts tend to recognize fraud, incest, and bigamy when determining whether an annulment action is appropriate.  If one of the parties was underage or of unsound mind, the courts may also allow for the parties to proceed with an annulment. Physical incapacity and marriage by force are two other situations where the courts recognize annulment as the correct action for a dissolution of marriage.  In order for the court to grant an annulment, the moving party must prove one of the circumstances recognized by the court as a valid basis for an annulment.

How do is spousal support taxed?

Usually, spousal support is considered taxable income for the receiving spouse and the spouse paying may list spousal support as a tax deduction.

How do I end spousal support?

If your spousal support order has an end date, then no further action is required by the spouse responsible for paying spousal support once the last payment date has passed. If your wages are being garnished, you will need to prepare new paperwork to ensure that no additional funds are removed from your paycheck. If your financial circumstances, or the financial circumstances of your spouse, have dramatically changed since the initial spousal support order, you may be able to request a modification or termination of your spousal support.