How to Get a Divorce: Step-by-Step Guide
Divorce is a difficult and emotionally draining process. Even if you and your partner manage to keep the process amicable, it can still take a toll on you. Besides having to deal with all the emotions that come with it, you also need to figure out how to navigate a complicated legal process. That is why DIY-ing your divorce is not a good idea.
While you can hire an attorney to assist you with the divorce proceedings, it's important to familiarize yourself with the process so you know what to expect. Below is a step-by-step guide to help you prepare for the obstacles you'll face during the divorce process.
Divorce Process Step by Step
Although the specifics can vary from one divorce case to another, the process typically follows the same general format. Here are some steps that you have to go through before the court finally dissolves your marriage:
Step 1: Separation
You can't wake up one day and decide to divorce your spouse. The two of you need to have been separated for a while before filing for a divorce. The waiting period can be as short as a few weeks or as long as a few years. However, some states don't impose a waiting period, so it's important to familiarize yourself with local laws before you move forward with your divorce.
Step 2: Determining the Grounds for Divorce
Next, you will have to determine the grounds for your divorce. You can file for a fault divorce or a no-fault divorce. A fault divorce means that there are specific grounds for your divorce, such as adultery, abuse, or abandonment. On the other hand, a no-fault divorce means that neither you nor your spouse is alleging any specific wrongdoing as the reason for divorce. In this case, the divorce is based on irreconcilable disagreements between the two of you.
Step 3: Filing the Divorce Petition
You or your partner can file a divorce petition to terminate your marriage. You can file for a petition even if both of you don't agree to the divorce. A divorce petition must include:
A statement informing the court that at least one spouse meets the state's requirements for divorce. Generally, one spouse must have lived in the state for a certain period before filing for divorce.
A legal reason for divorce, which can vary from one state to another, and whether you file an at-fault or a no-fault divorce.
Any other information required by the state, such as your plans for child-related matters and how you're going to divide your marital property.
Step 3: Notifying Your Spouse and Filing Proof of Service
Notify your spouse about the divorce by giving them a copy of the petition that's been stamped by the court. Once your spouse has been served with the papers, you'll need to file a proof of service, which verifies that you met the statutory requirements for serving your spouse with a copy of the divorce petition.
When your spouse receives the paperwork, they must file a response within a given timeframe. Failure to do so could result in the court making a default judgment against them.
Step 4: Requesting Temporary Court Orders
While you and your spouse might be ready to go separate ways, it might take the court months to finalize your divorce process, especially when children are involved. This might make day-to-day life hard since you're not seeing eye-to-eye with each other.
In this case, you or your partner can request a temporary court order to settle matters such as child custody and child support during the time you're waiting for your divorce to be finalized.
Step 5: Negotiating a Settlement
Unless you and your soon-to-be ex amicably agree on matters such as property division, child custody, or child support, you will have to negotiate a settlement. To help you reach a mutual agreement, your attorney can set up a settlement conference in court where you'll meet and discuss the case.
Step 6: Trial
If both of you don't come to a mutual agreement during negotiations, you will have to take the case to trial. At trial, both parties will be required to present evidence to back up their claims regarding issues such as child custody and property division. The court will then consider all the evidence before making a final ruling.
Step 7: Finalizing Judgment
The last step is to finalize the judgment. This involves the judge signing a decree, which will end the marriage officially. The decree will also make orders regarding matters such as division of property, financial support, and child custody.
Ready to Push Through With Your Divorce?
Although the divorce process seems straightforward, completing the legal requirements by yourself can still be difficult. That is why you need to seek the help of an experienced attorney. An attorney will make the process smooth and protect your rights to ensure you end your marriage in a professional and dignified manner.
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