A Guide to the Legal Process of Divorce

law concept

Getting through a divorce is one of the most stressful ordeals that people can ever go through. While divorce is never easy, it can be made easier by knowing what to expect and how the divorce process works. Divorce laws vary from state to state, which means that there is no “one-size-fits-all” approach when it comes to getting divorced.

Even if you have been with your spouse for decades and think that everything will go smoothly, things may not work out as you had hoped. It’s important to know what could happen so that you can plan accordingly.

To help you get through a divorce, you need to find a good divorce law firm. After all, divorce is a legal matter and divorce lawyers are the best people to help you with the entire process. The best thing you can do before starting the process of filing for divorce is to speak with an experienced family law attorney who has handled divorce cases in the past. They will give you a better idea of how long this process might take and whether or not mediation would be beneficial for both parties involved in the case.

No matter how the divorce goes, you need to abide by the law to avoid getting into any further legal trouble. In the end, the divorce process will take its course. You just have to go through with it responsibly.

Dealing with a Divorce

In divorce cases, there are usually two main issues that come up: child custody and property division. If you have children, then your lawyer will need to fight for full custody of them or at least arrange visitation rights so that they can still see their father or mother.

If you had children with your spouse, then divorce can be even more complicated if there was never a marriage contract drawn up before the relationship began. If that is the case for you and your ex-partner, then it may benefit both of you to sit down on mediation so that an agreement about custody arrangements can be made without going to court.

On the other hand, property division is often one of the most difficult parts for people to work through with their lawyers because it can lead to a great deal of conflict between couples that they have been avoiding until this point in time. In many states, divorce laws will state that any assets or finances acquired by either spouse during the marriage are to be divided equally between the two of them.

Recently, divorce laws have been changing as more same-sex couples are now legally allowed to get married and divorce. The legal process for a gay divorce is very similar to that of heterosexual divorce. However, there could potentially be some complications because states do not always recognize their marriages even if they were performed in another state or country.

The divorce process can be a long one, but it is important that couples are aware of the laws regarding divorce so they know what to expect during this time in their lives. Below is an explanation of the divorce process:

  • Filing the divorce petition

document handling

Filing the divorce petition is the first step. This is also called divorce paperwork or divorce forms. These are available at local courthouses, legal aid clinics, and online sources. A divorce petition must be filled out with information regarding the names of the parties involved, date of marriage, and grounds for divorce.

  • Asking for temporary orders

The second step is to ask for temporary orders. This might include custody, visitation rights, child support, and spousal support among other things.

  • Serving the paperwork

The third step is to serve divorce paperwork on the other spouse. This can be done by mail or in person with a third party serving as a witness.

  • Negotiating a settlement

The fourth step is to enter into negotiations with divorce lawyers. This is done to try to reach a settlement agreement before going through the trial process.

  • Attending the divorce trial

The fifth step is to attend a divorce trial. If no settlement is reached, then a divorce will be ordered by the court.

  • Finalizing the judgment

The last step is to finalize the divorce judgment. This is done by filing the divorce decree with the court clerk to be made official.

Understanding the Legal Process of Divorce

By understanding the legal process of divorce, people going through a divorce will be able to handle their situations properly. The goal is to negotiate a divorce settlement agreement to avoid going through the costly divorce trial process. However, the divorce process is naturally difficult for all parties involved. After all, divorce is a process of loss. Therefore, it is important that people handle divorce properly.

Share on facebook
Share on twitter
Share on pinterest
Share on reddit
Share on tumblr
Share on linkedin
Scroll to Top