Divorce Guide

Divorce Guide

Advice on Getting Divorce

Ending your marriage is emotionally, financially, and physically exhausting process. It is an action oriented process that will keep you on your toes till the divorce case is over. This article shares some very important advice on how to get divorce.

Divorce is a legal process that requires professional advice at each and every step. It involves a lot of financial planning on the part of the spouses. Divorce changes your life in all practical terms.

The first step of divorce is to have a talk about it with your spouse. One of you will broach the topic depending on who is initiating divorce. Sometimes there is no necessity to communicate about the decision and it is implied that divorce is inevitable between the two of you. However, in case you need to communicate about your decision to your partner then wait for a suitable time. Of course you can’t talk about splitting when he or she is getting ready for office.

Once you have made up your mind and have communicated your intentions to your partner, you are at the stage where you are ready to start the legal process of divorce. However, you need to do your homework before you approach the court of law to end your marriage. A good advice on getting divorce will help you to prepare for filing the divorce petition.

Things To do Before Filing Divorce:
  • Financial Planning: Once the divorce is granted you will have to take care of your own financial needs. Thus financial planning is must while you get into the process of divorce. Depending on your financial needs and status, you will give or receive alimony and other financial supports from your spouse.

  • Look for an Attorney: A good and understanding lawyer can take half of your burden on his own shoulders. Start looking for a lawyer at a much early stage.. Remember, if you get a good lawyer half of the battle is won. Look for a trusted, friendly, and experienced person. He should be experienced in fighting cases that are similar to yours.

  • Collect the Papers: Divorce is a legal procedure and court will only accept the details that are substantiated with necessary documents.So please keep all the documents ready, whether it is your income tax return, property papers, loan related documents, insurance policy, or bank account statements. Your attorney can advice you on the documents that will be required during the process of divorce.

  • Financial Settlement: Before you reach out the court for legal procedures, many couples like to make the financial settlements among each other. This can be done with the help of your lawyer who has experience in financial settlements. The lawyer will help you with the division of property and assets; dividing stocks, share, bonds, and bank balances; handling insurance policies and retirement benefits, and other issues with financial stake.

  • Child Custody: You should also make up your mind regarding who will keep the custody of children. If you and your spouse do not agree then it can be contested in court.
The above-mentioned tasks will make the process of divorce smooth for you. You will be better prepared to face the challenge. While you have finished these tasks, or even in middle of it, your attorney can file the divorce petition. Once the petition is filed the legal battle starts.

An Overview Of Divorce Process:
  • Filing The Petition:
  • Petition is legal information to the court that you want divorce. The petition also informs the court about your stand on child custody, property division, visitation rights, child support, and other important issues. If your spouse is the first one to file the petition, you will have to respond to his petition. Then you will be the “respondent”, and your spouse the “petitioner”.
    The petition might have allegations which you will have to respond by accepting or denying. In return your lawyer can also file a counterclaim to that petition.

  • Temporary Orders:
    Most of the courts in US issue temporary orders in order to protect your financial and other important rights. These orders can be related to child custody, child support, spousal support, and so on. The orders are legally binding and both the spouses are expected to abide.

  • Discovery:
    In the process of discovery, both the parties are given a chance to exchange necessary details about financial status, child custody, child support, and so on. Both the parties are legally bound to provide necessary documents to each other.

  • Settlement:
    Many states in US allow mutual agreement when it comes to settlement. The couple enters into a mutually agreeing settlement and the court only reviews it before issuing the final decree. However, court might revise decisions when it comes to child custody and child support in order to protect the interest of the children.

  • Trial:
    If you and your spouse fail to enter into a mutual agreement then the court calls you for trial. Both the parties get a chance to tell their part of the story in front of the court. This is a typical courtroom scene where the parties are cross examined by the lawyers and witnesses are presented.

  • Issue Of Final Decree:
    Depending on the result of the trial, the final decree is pronounced by the court. If any of the parties disagree with any clause in the decree they can appeal decree. However, this complicates the case further in terms of time, money, and effort.
    After the decree is pronounced by the court both the parties are legally bound to accept the clause mentioned in it.
Now your divorce is over, you are finally separated from your ex spouse. It’s time to re-establish your life as a single. The aim of our advice on getting divorced is to help you get ready and give you an overview of the divorce proceedings.

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