A marriage is deeper than a casual relationship. Certain rights and responsibilities are bestowed upon you by your legal relationship. If you wish to terminate your marriage, it is necessary to formally dissolve your partnership with the state by going through the divorce process. Click here to learn about the legal process and other details.
Table of Contents
Divorce Process Step by Step
For the court to proclaim your marriage ended, you may need to follow these divorce procedures.
1. Separation
The process of getting a divorce takes time. There is a waiting period for divorce in several states. Your marriage will not be officially ended until a specific period from your separation date and filing for divorce has elapsed. Divorce waiting periods vary by jurisdiction, from a few weeks to a year or more; however, some places do not require any waiting period.
2. Determining the Grounds for Divorce
Choosing between a fault or no-fault divorce will determine the type of petition you file when you’re ready to start the divorce procedure.
Divorce without blame is legal in every state. This signifies that neither spouse is pointing fingers as the reason for the split. Rather, the simple fact that you and your spouse cannot reconcile your differences is the sole basis for the divorce.
3. Filing for Divorce
An essential first step in getting a divorce is filing the paperwork. By filing the necessary documentation with the court, you can officially dissolve your marriage.
To avoid starting the divorce process again, ensure that you have been separated for the required time before filing for divorce if your state mandates a waiting period.
4. Serving the Petition for Divorce
Your spouse must be officially told when you file for a divorce. You can employ a process server or ask the sheriff to deliver the divorce papers to your husband.
You are responsible for getting your spouse served with notice of the divorce petition, even if you are unsure of their whereabouts. Posting notices in local newspapers is one way to accomplish this, provided the court permits you.
5. Response or Default Divorce
Serving your spouse with divorce papers usually gives them a certain amount of time to reply.
You can seek a default divorce from the court if your spouse refuses to comply. In most cases, the court will grant your requests and dissolve your marriage. However, the court will look out for the best interests of any children you and your husband may have before making any decisions that affect them.
6. Temporary Hearings
A preliminary hearing may be scheduled after a divorce petition is filed to discuss the matter before the formal divorce processes start. This is perhaps more common in states where couples are required to wait a lengthy time after they separate before they can get a divorce.
7. Discovery and Preparation
Your lawyer will start collecting evidence as soon as the case starts. Their actions may include sending questions to the other side’s lawyers, holding depositions, or submitting documents.
8. Settlement or Trial
To finalize the dissolution of your marriage, you have two options: either negotiate a divorce settlement that the court can approve or go to trial to determine the details of child support, child custody, and asset distribution.
Conclusion
You may find detailed instructions online for getting a divorce, but it’s still not easy to meet all legal requirements. As you go through the divorce process, you must safeguard your rights.
A seasoned divorce attorney is by your side during every stage of the divorce process. With the support of an attorney, you may learn about the divorce process, complete the necessary documents promptly, negotiate a reasonable settlement, and increase the likelihood that you will be satisfied with the divorce verdict.
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