No matter what led you or your spouse to file a divorce, the entire divorce process is painful and exhausting. There are legal procedures you must follow and tough decisions to make that can take months, if not years, to complete.
Going through a divorce can differ depending on your state, but there is a general format that most divorces follow. If you or someone you love is going through a divorce and you need information on the process, then this article was curated just for you.
Easy Guide to the Divorce Process
In this brief how to get a divorce guide, we will cover all you need to know about getting a divorce and who you can call for guidance.
What to Do Before Filing for Divorce?
Before you file for divorce, it’s a good idea to make copies of all documents related to your expenses, debts, assets, and income. This includes bank account statements, tax returns, life insurance policies, paycheck stubs, etc.
In addition to making paper copies, you should create digital copies of those documents and upload them to a password-protected cloud. If you have any family photos or home videos that you want a copy of, you should make a second copy of them for you to keep.
Remove Personal Items
Be sure to collect your medical insurance information, passport, social security card, and other important documents. Move these items to a safe space where no one else can touch or move them.
Change Your Passwords
Protect your confidentiality by changing the passwords attached to your personal accounts. This includes passwords to your social media, cloud accounts, cell phone, email, or personal computer. Make sure you change the password to something your spouse won’t be able to guess.
Access and Protect Your Credit
Before you start the divorce process, make sure to check your credit. You need to know what debts you have and what your credit currently looks like so you can plan for your financial future. If needed, you can open a credit card in your own name, so you have access to emergency funds.
Consider Meeting With a Divorce Attorney
The divorce process is an emotional and time-consuming process that involves a lot of legal jargon. Even though you could go at it alone, it may not be ideal to file and manage a divorce independently. When you partner with a reputable divorce attorney, they can help you safely gather the things you need and handle the case on your behalf.
File the Divorce Petition
The divorce process starts when you or your spouse sends in a divorce petition. The divorce petition is a statement to the court that explains why you want the divorce.
The document must include a statement explaining that at least one spouse meets the residency requirement. Most states require one spouse to live in the state for at least three to twelve months and in the county for at least ten days to six months. The court will not accept the document if you or your spouse don’t meet the residency requirements.
It also needs to explain the reason for the divorce. Each state has its own rules for at-fault or no-fault divorce.
At-fault grounds include abandonment, infertility, substance abuse, physical or emotional abuse, and impotence. No-fault grounds include incompatibility, irretrievable breakdown, and irreconcilable differences.
Request Temporary Court Orders
Family law courts understand that it is not ideal to wait months for a judge to finalize a divorce, especially when one parent stays at home to raise the children. In this case, this parent is dependent on the spouse’s income; therefore, they would need temporary orders for child support and custody.
These temporary orders can also include spousal support during the divorce process. When asking for a temporary order, the court will hold a hearing and gather information from both spouses.
Once they review the information, the judge will make a decision on the request. If they agree with your request, the order must stay in force until the court says otherwise.
File Proof of Service
Once you file for the divorce and request temporary orders, you must serve your spouse and file a proof of service with the court. This document advises the court that you met the statutory requirements for serving your spouse.
The judge cannot proceed with the divorce process until you serve your spouse and file the proof of service. If you are uncomfortable with serving your spouse, your lawyer can have someone do that for you.
Negotiate a Settlement
Unless you and your spouse agree on property division and other matters like child support, you will need to negotiate. The court will schedule a settlement conference where you, your attorney, and your spouse will meet to discuss the divorce.
The court can arrange for mediation with a neutral third party if needed. Some states mandate mediation, but even if the state doesn’t require it, mediation can help save you time, money, and stress during a divorce.
Go to Trial (If Applicable)
If mediation fails, you will need to go through a divorce trial. Most divorce trials are held before a judge, but there are some cases where a jury may need to be present. In either case, you and your spouse will present evidence and call witnesses to support each side’s claims.
Finalize the Judgment
If your court goes to trial, the judge will issue a final order known as the order of dissolution. This document specifies the details of what each spouse gets and has to do per the agreed-upon order, and it ends the marriage. If you reach an amicable agreement through negotiations, the attorneys involved will draft the judgment.
Relieve Yourself of the Divorce Process Burden
Divorce proceedings are emotionally distressing and financially draining regardless of whether the divorce was amicable or not. Understanding the steps in the divorce process before you file a divorce can give you a heads up of what to expect when the time to file comes.
Even though you could file a divorce on your own, it may be best to at least speak with an attorney about your options and to protect your own interests. If you are currently in the process of filing a divorce or you need more information about it, contact us now. We offer a free no-obligation case evaluation, and we are here to answer any questions you may have about the divorce process.
