Divorce is a complex and stressful experience for most people. However, when the stages of this process are known, they are easier to go through. Whether filing for a divorce is done alone or with the help of divorce lawyers, some crucial steps may serve as valuable guidelines in the process. This checklist will help you understand what you should expect when filing for a divorce so that you know what lies ahead of you.
- Learn your state’s divorce laws
Divorce laws differ from state to state, and the first thing to do is review your state’s laws. In some states, before a person can seek a divorce, he has to wait for some time, while others have different reasons for divorce, including fault-based and no-fault-based divorce. One can read as much as possible about divorce in a particular state to at least get an idea of what paperwork is expected and how it is done. Divorce lawyers will help explain these laws and ensure you sue for divorce under the correct categories.
- drafting and filing of Divorce Petition
Draft a divorce petition, commonly referred to as a complaint in divorce. This legal instrument describes in detail the circumstances of the marriage, including the date of marriage, the couple’s children, if any, the properties and liabilities, and the grounds for the dissolution of the marriage. After it is prepared, it is submitted to the local family court. In case you are planning to engage the services of divorce lawyers, they can assist in preparing this petition as they understand the necessary information that needs to be included and adequate details. When you file the paperwork, the court will issue a summons which informs your spouse that a divorce has been initiated.
- Serve the Divorce Papers
The process that follows the filing of the divorce petition is the one that involves delivering the divorce papers to the spouse. This can be accomplished in most states by a professional process server, by mail, or by an eighteen-year-old or older individual who is not a party to the action. Your spouse must give an acknowledgment concerning the receipt of the papers, and this acknowledgment may be in writing wherein the spouse will sign on it, or it may be done formally in a manner that the court has described. This step is essential since the court cannot go for the divorce if your spouse has not been served.
- Allow Your Spouse to Cross-Legislate
After your spouse is served the divorce papers, they have a specified time to respond, usually 30 days. They can accept all the provisions listed in the petition, challenge some, or submit a counter-suit. If your spouse fails to respond within the said time, the court may proceed to give a default judgment to your side. Dealing with divorce attorneys is helpful in this stage, especially when there is a quarrel concerning assets, children, or money issues.
- Negotiate a Settlement
Divorce proceedings entail bargaining over some issues, such as children’s access, alimony, and property distribution. In case of their mutual consent, a settlement agreement is drawn and presented to the court for final ratification. Naperville divorce lawyers are important in these negotiations since they ensure that they work toward the best outcome on your side. If an amicable solution cannot be reached, a trial is held where a judge will be in a position to determine all the aspects of the case.
- Finalize the Divorce
Once all the controversies are resolved and the court approves the final resolution and the agreement, the judge will grant a final divorce order. A legal document that brings the marriage to its finality and provides details about the divorce, such as child custody, division of property, and support payments. Specifically, if a judge puts his or her signature on this decree, the divorce is considered final, and the couple is to comply strongly with the regulation.
Final Thoughts
Divorce is a process that is long and stressful, but when you know some of the steps you have to go through, then it makes it more accessible. Every of the process, which includes learning your state’s divorce laws and finalizing a divorce decree, is vital to avoid complications. The consent of divorce attorneys is constructive in the process, and you ensure that you are protected throughout the process. As much as no divorce is without challenges, it is crucial to prepare for it to ensure a proper solution is arrived at amicably.
