Over 700,000 couples got divorced in 2019, and many of those were messy affairs.
Divorce can be complicated, especially when you don’t understand the legal process for a divorce.
But, you don’t have to be up a creek without a paddle. Read on to find out how the divorce process works.
The Divorce Process Depends on Where You Are
Divorce law differs from state to state, country to country. There are different grounds you can use for divorce, and different rules when it comes to dividing up assets. While you may be able to file for a no-fault divorce, if one of you doesn’t agree to the divorce, you’ll have to choose grounds to file for a fault divorce.
Some of the grounds for divorce you may be able to use include irreconcilable differences, infidelity, desertion, cruelty, a criminal conviction, mental health problems, substance abuse, or incompatible sexual orientations. This can be easier to choose if you’re having marital problems.
In some states, a couple will have to be legally separated for a certain period of time before they can formally file for divorce. So, you’ll also need to understand how long you have to wait before you file the paperwork. And, you’ll need to make sure that you meet the residency requirement in the state where you plan on filing for divorce.
So, if you’re trying to make a decision about filing for divorce, make sure you find a lawyer with a strong understanding of your state’s divorce laws. That way, you can ensure you don’t miss any important steps in the process.
The Outline of the Divorce Process
There are some general parts of the divorce process that usually remain the same. First, one spouse will have to serve the other with a divorce petition. This begins the divorce process. If both parties have agreed to the divorce, this is usually a formality. However, if one spouse doesn’t want to get divorced, this step can be a larger complication.
Next, both spouses will have to disclose all their assets and work to divide them. This is the part of the process that tends to be acrimonious. If there’s a prenuptial agreement, the division of assets may be simpler.
An initial custody agreement will also have to be decided in this stage of a divorce. Once asset division and custody agreements have been worked out, it’s time to file the paperwork to dissolve the marriage. There may be a waiting period before or after the paperwork is filed, so be prepared to wait a little longer before your divorce goes through.
Get on Track for the Divorce Process Today
Clearly, there are a lot of factors that can play a role in the divorce process. That’s why it’s important not to jump in with no education.
Are you looking for more legal tips and tricks? Do you need more advice? Scroll through a few of our other categories for all of what you need.
