Did you know that around 2.9 out of 1,000 people go through a divorce in the United States? Have you been considering being a part of the divorce statistic because things are not going well in your marriage but are confused about the process of divorce? If so, you are in the right place.
Keep reading to learn everything there is to know about getting divorced.
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Separate
One of the first steps in divorce is usually separating. This is when one spouse moves out of the home to decide whether they might get back together or if divorce is the best option. During this separation, all the debts and assets created during the marriage are still jointly owned.
Most states will require a separation period where one person is living and sleeping in a different domicile. Make sure to consult a divorce lawyer or do some research to see if your state has a separation requirement.
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Petition
Next, is time to file a petition for divorce once the separation requirements are met. When filing for divorce there are certain forms that have to be completed by one of the parties petitioning the divorce along with paying the fees required by your local court.
When completing the petition for divorce you will have to state the reason for the divorce and you will have to list the items that will be an issue. This is where postmarital agreements make this part of the petition a bit easier to navigate.
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Notifying the Other Spouse
Once you file the petition for divorce then the other spouse will have to be served or notified. Once the spouse is formally notified either you or your attorney will have to let the courts know that they have been served.
If the other spouse agrees to the divorce they will simply sign the Voluntary Appearance document and will not have to respond to anything. If they do not agree with the terms of the petition then they will have a certain period of time to respond and file an answer.
Keep in mind that if the other spouse ignores everything and does not respond then the judge might grant you everything that you request during the hearing for your divorce. In the event that no one can locate your spouse then a “service by publication” can be filed. This is where the divorce appears in a newspaper.
Now You Know the Process of Divorce
We hope that now that we went over the details about the process of divorce you are feeling better informed to make a decision whether or not this is the best option for you. If you decide that you want to move forward with a divorce we highly recommend finding a divorce attorney with experience to help you during this difficult time.
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