The decision to file for divorce is not an easy one. You may have been postponing it because you worry about the amount of time you will be allowed to spend with your children, how the family’s economic situation will end up due to the divorce process, and many other concerns. The Bright Family Law Center, LLC has witnessed many cases in which, no matter how friendly the relationship was, the situation can turn conflictive and become painful for both parties. Read on to learn more about how to proceed and the divorce process once you decide to get a divorce. The more information you have, the more in control of the situation you will feel.
What factors play a role in how the divorce process goes?
Several factors will play a role, among them:
- Whether there are children.
- Whether there are assets and/or debts.
- The financial situation of each one of the parties.
- The length of the marriage.
- Whether the divorce is contested or uncontested.
Steps to Filing a Divorce
Legal Representation
You may decide not to hire a divorce lawyer and do this on your own. If so, even though you will be saving on attorney’s fees, you may end up paying much more in child support or alimony and have an unfair property distribution ruling or child custody agreement.
Although, in the end, you may still decide against hiring an attorney, it would not hurt to schedule a consultation and find out what your options are. If you decide to get a lawyer that specialises in family law like Peters and May it is important to ensure they are trusted in that area of law, that they are licensed to practice where you live and have had positive results with cases like yours. If you choose to represent yourself, find out your state’s requirements to file a petition with the court.
Gather Financial Documents
Before proceeding with your divorce, it is essential to have a clear picture of your marital, and financial situation. You need to be familiar with all your assets, debts, and sources of income. Put together copies of your tax returns, mortgage statements, bank statements, investment accounts, credit card statements, retirement accounts, and other documents relating to assets or loans. Your lawyer will review them and build a case to protect your financial future.
Open a New Checking and Savings Account
Open these accounts in your name only and start putting some money into them to help with divorce expenses. You may also wish to consider opening a new credit card in your name only to start building your credit. While you are at it, request a copy of your credit report to make sure that you know all debts that are in your name and resolve any credit disputes.
Give The Petition to Your Spouse
Once you file a petition, the court clerk will create a document known as a “summons” that you must serve to your spouse with a copy of the divorce petition. You must also prepare a “return” that states when and where you served your spouse with these documents. The case cannot proceed until you give the court proof that your spouse has received the documents.
How long the divorce process will take will depend on the issues that must be resolved. Some of them you might be able to resolve with your spouse, while others might need to be brought before the court.
Image by rawpixel.com
