How to Get a Divorce

While each person’s situation is unique, there are steps to follow that are common to all in the event that you and/or your spouse decide to file for divorce. Here is some general divorce advice:

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.

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