We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Bilateral Divorce: What You Need to Know About This Legal Process
Definition & Meaning
Bilateral divorce is a type of divorce that occurs when both partners are present in the country where the divorce is filed. For a divorce to be considered bilateral, both spouses must agree to the divorce and must be subject to the jurisdiction of that country, even if only one of them is officially living there. This type of divorce ensures that both parties have a say in the process and helps facilitate a smoother legal procedure.
Table of content
Legal Use & context
Bilateral divorce is primarily used in family law, which governs the legal dissolution of marriage. In practice, this term is relevant in situations where both spouses wish to end their marriage amicably and agree on the terms of the divorce. Users can often manage the necessary paperwork through legal templates, such as those provided by US Legal Forms, making the process more accessible and cost-effective.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A couple living in France decides to divorce while both are on vacation in Italy. They agree to file for divorce in Italy, where both are present, making it a bilateral divorce.
Example 2: A partner residing in Canada and another in the United States agree to divorce while meeting in Mexico. They file for divorce in Mexico, where both are present, qualifying it as a bilateral divorce.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Allows for bilateral divorce if both parties agree and are present.
Texas
Requires a minimum residency period before filing for divorce.
New York
Requires at least one spouse to be a resident for a certain period.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Bilateral Divorce
A divorce where both spouses are present and agree to the terms.
Requires mutual consent and presence in the jurisdiction.
Unilateral Divorce
A divorce initiated by one spouse without the other's consent.
Only one party is involved in the filing process.
Contested Divorce
A divorce where spouses disagree on one or more issues.
May involve court intervention and is typically more complex.
Common misunderstandings
What to do if this term applies to you
If you and your partner are considering a bilateral divorce, follow these steps:
Discuss and agree on the terms of the divorce, including asset division and any child custody arrangements.
Choose the jurisdiction where you will file for divorce, ensuring both parties can be present.
Complete the necessary paperwork, which can often be found in legal templates from US Legal Forms.
If the situation is complex or contentious, consider seeking professional legal advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.