Become familiar with the divorce process The process of divorce results in putting a legal end to a marriage. Although divorce proceedings differ from one state to another, most states follow a specific order:
A divorce will begin with a document called a Petition (or Complaint in some states) that formally notifies the court and the other spouse that he or she wishes to end the marriage. This document also presents an overview of terms, such as child support, custody and visitation rights, spousal support, property and debt division, and last-but-not-least, attorney's fees and costs.
Opposing papers or a response is then filed by the other spouse. In some states, if a spouse does not file opposing papers within a certain window time from when the petition was issued, the spouse can lose the right to have his or her side of the case presented in court.
Next, temporary orders lay down the short-term rules while the case is pending. The discovery, or legal procedure of gathering information about each spouse, can either be quick, or lengthy, costly and time-consuming.
Finally, a case can either be settled by an alternative dispute resolution, or it will need to go to trial. A divorce that goes to trial will typically most emotional and difficult, particularly for the children.
Choose an experienced divorce lawyer Your best source for divorce information is an experienced attorney. A lawyer can give you divorce information that is relevant to your specific needs. Some lawyers even specialize in divorce for men; and others are familiar with issues pertaining to women and divorce.
Developing a rapport with your attorney is an important step in understanding the entire divorce process. The more knowledge you have, the better-informed your decisions will be.
When you discover that your spouse has been cheating on you or that you have found someone else that you love more, you need to have information about how to get a divorce. Divorce is a traumatic experience and not something that happens overnight. It is something that you have to prepare for so that when the time comes there won't be any surprises and you can start to make preparations for your life after your marriage is officially over.
One of the main things you have to do is to get all your paperwork in order. You won't realize the wealth of information that the courts need for a divorce case and if you are lacking any information, then this will delay the divorce proceedings. Once you decide to file for a divorce, you should start gathering all the information that you need. You will have to get the details of all your finances in order, such as a listing of all your bank accounts and balances, as well as a listing of all your bills. Your mortgage is an important piece of information in all of this as well as the deeds to the property.
You may need to have copies of your tax statements for the past two or three years and if you do not have them, you will have to contact the government agency to obtain them. If there was a prenuptial agreement, you will definitely need a copy of this. Once you have all the information, you can have a clear picture of your financial situation and where you will stand financially after the divorce.
When you break the news to your spouse you can expect a fuss. Although, if you and your spouse have been growing apart, it may not come as much of a surprise. You do need to contact a lawyer to represent you and your interests and to work out a deal with your spouse over the division of property. There are many qualified lawyers who can help you with the paperwork and discuss what options you have. If it is not possible for you to become solvent, you will have to take a close look at which spouse benefited most from the expenses.
If you did not work during the marriage, you have to make sure that you will have an income after the divorce. This is usually through alimony payments.
Not all divorces end in the courtroom. Through the lawyers, you and your spouse may be able to work out an amicable solution. Once you determine which jurisdiction the divorce should be filed in, then your lawyer will serve a summons for divorce on your spouse. There are different regulations for divorces in different countries and even in different states of the US. In some places you may have to be legally separated for a period of time before you can file for a divorce.
The summons is a document that a law enforcement officer must present in person to the spouse and consists of two parts. The first part sets out the basic facts of the case and the second part deals with the settlement issues, such as alimony and custody of children. If the spouse does not contest the summons, then the court will approve the divorce. If not it has to go to trail and could become very messy.
Both Nathan Dawson & Warren Wong are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.