The most essential thing that both the spouses should consider when experiencing marital difficulty is whether they both have tried all the possible ways to avoid getting divorced. And if you both have tried all the ways and you know that there is no other solution to your marital problems, then you have to know about the first step in getting a divorce. Here are a few guidelines to follow while you opt for divorce.
Take time-out from your daily schedule. Take a break from each other for a year and see if that helps you to take your decisions. Recent statistics show that some couples, who hurried to take divorce without thinking and giving time for each other, later regretted it. Some couples who regretted their decisions, and after incurring all of the expenses of getting a divorce, took the decision of remarrying each other. Before going for divorce, there is a procedure of trial separation that gives each of you time to think on it and to sort things out without going through the divorce procedure.
Later, when you and your spouse have taken the decision for getting a divorce, then decide what type of divorce you want. Before filing for divorce both of you should decide between two types of divorces, a fault divorce and a no fault divorce. You and your spouse should have knowledge and difference between these two types of divorce before choosing any one of it. If you choose to file for a fault divorce, it means you are asking the judge to rule that the cause of the divorce was your partner. And if you are filing for a no fault divorce means that either or both spouses believe that their differences are such that they have no longer any desire or reason to remain married, but that they share the responsibility equally. Hire a lawyer who you think is more experienced in divorce cases. Discuss with him/her all the issues, causes of divorce, etc. Don't file for a divorce at this time. When discussing with your attorney, tell him the type of divorce you wish to go for. During the conversation with your lawyer, mention all the marital infidelities that you may have engaged when you were married to your spouse to avoid further problems.
File for divorce when all the documents are handy for submitting in the court and when you have met all the requirements that are essential for your state divorce laws. After mutually agreeing to the issues, you and your spouse have decided to move forward, now this is the right time to file for your divorce. While filing for a no fault divorce, there is no waiting period in most states. However, a fault divorce requires a certain waiting period and it has the tendency to become complex if there are marital property and children involved.
Go to court, a judge may need to listen to the arguments for determining a fault case on the divorce as well as discussing on issues like child custody, child support, alimony and distribution of marital assets. In this way, first step in getting a divorce is simple if you take things patiently.