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How to Start the Divorce Process: Step by Step

Ember CaddelLast Seen: Dec 14, 2023 @ 1:31pm 13DecUTC
Ember Caddel

14th December 2023 | 1 Views
Milyin » 492082 » How to Start the Divorce Process: Step by Step

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Marriage is so big that it is more than just a romantic relationship between two people. It is a relationship with legal standing and backing which gives the people involved some rights and obligations. Therefore, if you are in a marriage and you wish to end it you need to understand the complexities involved in the process. 

The process itself is not easy and sometimes a divorce might not be granted in the end. The reason for this is very simple and that is divorce is a very detailed process.  The process has a foundation in the law which governs how it begins all the way to the end.  

If you are in a marriage that you wish to end then you need to start by checking what the laws in your area say about this process. If not, you might not get through this process anyway, something which might come with a great emotional liability. 

Going Through a Divorce 

Filling for a divorce is a process that comes after a very long period of struggles in marriage and in many cases divorce serves the best interest of the two partners or at least one.  However, the process in itself is not easy which is why you need to first of all learn how to fill a divorce form.  First, whoever is filing for divorce has to seriously contemplate the possible outcome of this process which means leaving your long term partner for good.  

If there are any children involved then that makes things even more complicated.  All these things combined and of course many others like wealth distribution make divorce such a difficult undertaking.  Nonetheless, the divorce process has to start from somewhere and end somewhere regardless of how the parties involved feel about it. 

Even most importantly, the divorce process must adhere to the laws of the land and any mistakes involved might just invalidate the whole issue.  That said, here is a guide to a divorce process itself that you might want to use someday. 

The Divorce Process Step By Step 

If you are planning to get a divorce these are the steps you need to follow.  The steps are well considered and represent what the laws of any states permit regarding this procedure. 

  • Separation 

Divorce is not a process that can begin and end overnight.  It is a lengthy process that must first of all begin with a separation.  This means that by the time anyone is filing for divorce he or she must have first of all successfully separated from his or her marriage.  

The separation period can vary depending on the state and the laws that govern divorce in that state.  For instance, there are some states that cannot allow the commencement of a divorce process unless some time passes by after separation of the parties involved. 

  • Determine the Divorce Grounds 

Divorce is not a request that is just given upon enquiry; there are some requirements which must first of all be satisfied for this process to move.  For instance, there must be some good reasons and grounds to warrant divorce.  Therefore, anyone filing for divorce must first of all start by stating what the grounds for divorce are. 

However, some states do allow for non-fault divorce. In this type of divorce, none of the parties involved actually alleges any wrongdoing from the other.  Instead, they are only looking for divorce on mutual grounds of irreconcilable differences. 

  • Filing for Divorce 

The process of filing for divorce is the most complicated yet crucial process of the divorce procedure. At this stage, a party in marriage is filing for divorce in a court of law and seeking to be granted a legal separation from his or her partner in marriage. 

The filling of divorce as a process comes with its own requirements.  For instance, the person filling for divorce must state why they need the divorce from their partners. The file must also include details of the children if any, their ages, locations and details of child custody and division of property

Upon submission of this form, the person filing for divorce will be required to pay the divorce filling fee. This fee is relative depending on the state the person filing divorce is in and what the laws there say about this process. 

  • Serving the Divorce Petition 

Once you have filed for divorce you must proceed to notify your spouse. You can do this in many ways but the most convenient of them all is what you should go with. Once you have served your spouse, you need to go back to court and notify them that you have served your spouse. 

  • The Spouse Response or Divorce Default 

When you serve your partner with divorce papers, they have set timelines within which they ought to respond. If your partner fails to respond you can proceed to file for an uncontested divorce. In this case, the court will proceed to award you with everything you requested for in your divorce file. 

If there are children involved in the divorce process, the court will make ruling that works in the best interest of the children. However, if your spouse responds within the said time then he or she can agree with you in the divorce or disagree with you and consequentially introduce something new and different. 

  • The Temporary Hearings 

Once all this is done, the involved court will begin temporary hearings that seek to dissolve the marriage. However, temporary hearing only applies to those states that take so much time to handle divorce cases, those that do not, this process is quicker. In these hearings, courts normally address those issues that cannot wait like the custody of children, financial support to the children, restricting the sale of joint assets among others. 

  • The Settlement 

The settlement stage is the final stage in any divorce case.  At this stage the court will proceed to settle how things like children custody, the support and assets are going to be divided. The issue of settlement is sometimes troublesome given that some people fail to agree on the terms of the courts on things like asset division and children custody. 

Final Thoughts 

Divorce is a very detailed process with so many procedures involved in it.  It can sometimes take so much time or sometimes a divorce might not be given after all.  Due to these complexities, it is always advisable to work with an experienced lawyer when handling this matter.

Ember CaddelLast Seen: Dec 14, 2023 @ 1:31pm 13DecUTC

Ember Caddel



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