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Monday
Nov142011

Where Should You Get Divorced?

Jeffrey Hamilton/Digital Vision(ATLANTA) -- Let's suppose you're scheming to divorce your spouse, whom you suspect of cheating (and to whom you'd like to pay not one dime's worth of alimony). Is there a way for you wiggle out it?

Yes. Move to Georgia, where adultery is a bar to alimony.

Randall M. Kessler, chairman of the American Bar Association's Section on Family Law, says that's just one of many differences between one state's divorce law and another's.

Kessler, an attorney with Kessler & Solomiany in Atlanta, says that depending on your circumstances—on what advantage you seek or what penalty you hope to avoid—you'll be better off divorcing in one state than another.

When it comes to division of assets, some states decree a straight 50/50 split, right down the middle. Judges in others can decree a split that favors one spouse over the other, perhaps dramatically. In issues of child custody, one state may have a bias in favor of the mother; another may give at least equal consideration to the father.

In choosing the best venue for your divorce, there's a further issue to consider: How costly and time-consuming is the process itself? What kind of fees will you have to pay? How long must you have been a resident to file? Are there waiting periods, either before or after filing, and how long do they last?

Bloomberg recently ranked all 50 states (plus the District of Columbia) on ease of divorce, taking such considerations into account. They determined New Hampshire to be the easiest state in which to get un-hitched, neighboring Vermont the hardest.

Copyright 2011 ABC News Radio

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