10 Things Brits Would Find Surprisingly Different About Getting Divorced in America

Save to Find It Later!

If you’re a Brit and you find yourself needing to get divorced in America, you might be in for a few surprises. The rules and practices here can be quite different from back home. Let’s walk through some of the key differences you might encounter during the process.

1. Divorce law varies by state

Unlike in the UK, where the laws around divorce are pretty uniform across the country, in the U.S., each state has its own set of rules. This means that the process for getting divorced in California can look quite different from the process in New York. For instance, some states might require a separation period before the divorce can be finalized, while others don’t have this requirement. This difference can affect how quickly you can move forward with your life.

2. Residency requirements can depend on where you live

Another big difference is that most U.S. states have residency requirements for divorce. This means you have to live in the state for a certain period, often six months to a year, before you can file for divorce there. For someone who’s recently moved or is planning to move, this can delay the process significantly.

3. Property division rules differ between states

In the UK, the division of property during a divorce tends to be managed on a case-by-case basis with a focus on fairness. In the U.S., however, some states follow what’s called ‘equitable distribution’ where assets are divided fairly but not always equally. In contrast, others follow ‘community property’ rules, where all marital property is divided 50/50. Knowing which rules your state follows is crucial.

4. Some states use community-property rules

Speaking of community property, only nine states in the U.S. follow these rules strictly. This means that any assets acquired during the marriage are considered joint property and must be split evenly in a divorce. This can be quite a shock if you’re not expecting to share everything equally with your ex-spouse.

5. Health insurance can become an important issue after separation

Health insurance is a massive issue in the U.S. and losing marital coverage can be a big concern. If you were covered under your spouse’s plan, you might find yourself without health insurance after a divorce, which can be a significant financial burden and stressor.

6. Legal costs can vary enormously

Getting divorced in the U.S. can be expensive. Unlike in the UK, where costs can be relatively predictable, the expenses in the U.S. can vary wildly from one state to another and even from one case to another. Lawyer fees, court costs, and other expenses can add up quickly, making it important to be financially prepared.

7. Child-support rules depend partly on state law

Just like divorce laws, child support rules in the U.S. can vary depending on where you live. Each state has guidelines that determine the amount of support, taking into account the income of both parents and the needs of the child. This could result in very different support amounts from what might be expected in the UK.

8. Alimony rules aren’t uniform nationwide

Alimony, or spousal support, is another area where U.S. laws can differ significantly. Some states might award alimony more frequently or in larger amounts, while others might be more conservative. Unlike the UK, where there’s a move towards limiting spousal support duration, some U.S. states might allow for long-term or permanent alimony.

9. Moving to another state can complicate arrangements involving children

If you’re thinking about moving to another state after your divorce, especially if you have children, things can get complicated. Custody arrangements and child support agreements made in one state might not be easily enforceable in another, which can lead to legal challenges and additional stress.

10. Two American couples can have very different divorce experiences simply because they live in different states

Finally, perhaps the most surprising thing for a Brit might be just how differently two American couples might experience divorce, simply based on where they live in the U.S. From the timing and cost to the final outcomes regarding property, child custody, and alimony, the state in which you file can play a huge role in shaping your divorce experience.