Everything you Need to Know Before Get a Divorce
The most significant reasons why couples get a divorce is usually because of communication problems.
This came out on top, as the number one reason for marriage failures. Whatever be the reason.
There might come a time in your life when you feel it’s time to walk away. What follows includes everything you need to know to get a divorce.
There are many ways to get a divorce, and some of them are mentioned below.
Three ways to get a divorce:
Do it on your own with no assistance
Hire a divorce lawyer
Use an online divorce service to complete the paperwork for you.
Getting a Divorce On Your Own
It is the cheapest and most economical method, but it takes a long time in figuring out the paperwork and all other formalities.
You might make mistakes which can delay the divorce process and hence delay when you get a divorce.
If your plan to get a divorce on your own, make sure both you and your spouse are on common terms, and agree upon all issues.
If you don’t, you can represent yourself in a contested divorce trial, but if your spouse has a lawyer, you’ll be at a significant disadvantage when you get a divorce.
Getting a Divorce with an Attorney
This is the best option when you get a divorce if your it is complicated (involving many assets and/or complicated child custody issues).
Another reason why this is a good option is if both you and your spouse is not on common terms.
However, if your divorce is simple and all the divorce terms are agreed upon between you and your spouse, then you can get a divorce on your own – with or without the assistance of a divorce service.
Using an Online Divorce Service
This divorce service doesn’t provide you legal advice.
In this method, you answer questions about your divorce, and then the divorce service completes the paperwork for you for a fee. You’ll be then able to get a divorce.
Less expensive than hiring a lawyer to complete your paperwork and saves you the hassle of figuring out the paperwork on your own.
If you’re not comfortable processing your divorce without legal advice, you can complete the paperwork. Then the next step is to arrange a consultation with a lawyer. You’ll pay for that time.
Some divorce lawyers will review the paperwork, get an idea of what’s involved in your divorce. They will then give you an opinion whether the terms are reasonable and whether you’ll be able to get a divorce.
Legal Requirements for Divorce
Filing for a divorce is not done federally. This means that you would have to file for it in your own state or province.
Residency for Divorce
Each state and province requires you or your spouse to have resided for some demanded length of time before being eligible to get a divorce in that state or province. In most places, 6 months is a common time.
Most states/provinces have a waiting period from the date of filing your paperwork to the date your divorce order is issued. Waiting periods are usually 6 to 12 months for when you want to get a divorce.
Legal Grounds for Divorce
More and more states and provinces make it possible to get a divorce on a no-fault basis.
This means you file for divorce on the basis that the marriage breakdown is permanent. The legal language is “irreconcilable differences”.
This basis for divorce doesn’t place blame on either party. So you need to make this clear before you get a divorce!
Some states and provinces still have fault-based grounds such as substance abuse, cruelty, adultery, and other grounds.
Main Issues in Divorce
The main issues in divorce are:
- Division of property
- Division of debt
- Child / Spousal support
- Child Custody
Not all divorce situations will include all these issues. Each divorce situation is different. However, when these issues do arise, they can resolve it or fix it.
This can be early on in the process via agreement between you and your spouse. Sometimes, when agreement is not reached, the issues must be taken to mediation and/or Court.
How to File for Divorce
Remember to keep in mind that this article is generally speaking. The rules and regulations vary with the country and the offices which allow you to file for divorces.
Note: Divorce is legislated by each state and province and therefore there are specific laws for filing for divorce in each state and province.
That said, generally, you get a divorce via a divorce petition (in some jurisdictions it may be called something different – but it means the same thing). One spouse completes and files in a Court the divorce petition.
The petition sets out:
The Grounds (fault or no-fault)
Key information about the parties and marriage such as children, place and date of marriage, names of the parties, property information, child custody information, and/or support information (child and/or spousal).
Once the petition is successfully filed in the Court, then the petitioning party must serve a filed copy on the other spouse who is called the respondent or responding party.
If the divorce is uncontested, which means all the terms are agreed upon between the parties, then the responding party need only sign acknowledgement of receiving service of the petition.
If you can’t find the other spouse to serve the petition, you may need to hire a process-server to take care of service.
It’s important you serve the petition according to the rules of your state or province when you get a divorce.
If service isn’t done properly, then your divorce proceedings might delay. You may not receive your divorce order until service is done properly.
The Waiting Period
Most states and provinces have a waiting period until a divorce judgment (decree or order) is issued.
The duration of the waiting period depends on the state and province.
Once you properly serve the petition, that’s generally when the waiting period begins.
Service of a petition is a triggering date, in that spouses can’t take children out of the jurisdiction, sell property, borrow against property, or sell insurance held for the other spouse until the divorce is final.
If you must take a step such as moving children out of the jurisdiction, you must apply to the Court for an order to the effect of what it is you wish to do.
If the respondent contests the divorce, they can file a response to the petition.
This triggers a legal process in the Courts where you will need to participate in order to resolve the issues and get over.
If the respondent does not file a response, then the petitioner can request for a default order within 30 days of service (or whatever the amount of time a respondent has for responding in the particular state or province).
You can find me cooking up new ideas to keep myself occupied since I hate staying idle.
I also hope that one day I write something worth plagiarizing 🙂