A divorce may be one of the hardest procedures that someone may have to go through. In many cases, people opt for a divorce because they are not able to find another way to get through the issues in the marriage. Since most people do not enter this commitment with an aim of going through divorce, they may not know exactly what they need to do to file for a divorce. This may make the process even harder than it has to be.
Some of the steps that you can follow as you file for a divorce are:
- Establish if you really want a divorce
You need to be sure that you want to get a divorce or if you can be able to work through your differences that will maintain the marriage. Sometimes people say they want a divorce in a fete of rage but they do not really mean it.
- Lawyer versus handling the divorce yourself
In some cases you can be able to handle the divorce yourself especially if there are no children and the marriage has been in existence for a short time. A lawyer is important in cases that are more complicated.
- Grounds for divorce
This is the reason that you would like to get a divorce and it should be one that can be recognized by a court of law.
- Figure out if it is contested or uncontested
This is one of the most important things because it has a large bearing in the way the proceedings will go. The steps that are associated with the contested and uncontested divorces are:
If uncontested
- File a petition
This is a petition for the dissolution of the marriage and it is filed to a court of law.
- Serve a notice to the respondent
This copy of the notice lets the spouse know that you have begun the divorce process.
- Confirmation
The respondent will confirm that they have received the notice and that they agree with the information presented.
- Pronouncing
This is the step where the court agrees with the divorce entitlement and makes orders concerned with the costs.
- Dissolution
After about six weeks, the person can apply for an absolute of divorce and when granted, the marriage is over.
Contested
- Counter claim
After the claim has been made, the defendant may disagree with the provision and even make a counter claim.
- Gathering facts
The lawyers for the two parties will gather facts on all the issues concerned.
- Finances, property and children
They need to have talks about the division of finances and property after they have been valued. Child custody is also an important consideration.
- Agreement or trial
If the two parties are not able to come to an agreement, they may choose to go to trial.
- Review
You and your spouse sign all the agreements and other required paperwork to the court and if everything is in order the court will dissolve the marriage.
This basic guideline can help you understand what goes on in the process of filing for a divorce so that you are adequately prepared and you do not feel helpless.
Author bio – Margaret is writes blogs on legal issues objectively and passionately. Among her works, she has also talked about cycle compensation among other issues that affect people who take part in cycling.
