There are no easy ways to divorce-it is a terrible period in one’s life for both parties and if kids are involved, it is even worse. Let us take a look at the essential steps to divorce. Note that these differ from state to state, so do seek the guidance of an attorney.
Table of Contents
- 1. Try separation first
- 2. Inform the court
- 3. Try divorcing in another country
- 4. Avoid making amateur mistakes
- 5. Plan your financials
- 6. Be cautious about dating
- 7. File custody for kids
- 8. Understand property matters
- 9. Get help in case of abuse
- 10. Talk with each other to resolve problems
- 11. Finalize the divorce
1. Try separation first
The first step to divorce is separation. Legal separation does not need any additional filing of legal papers. You and your spouse just need to have separate residences. If at least one of you wants the separation to be permanent, and you are considered as legally living separately for over a year, then you may file for divorce.
2. Inform the court
An essential step of the divorce process is filing for it in a court of law. It typically takes about $150 plus service charges for filing papers. You need to obtain certain details for this process which include marriage and property declarations, details of assets, children or pets etc. Make sure you read all documents carefully and fill in the forms completely. Based on your state of residence for filing the divorce, the number, format and content of the forms may vary. So, get the papers from a local court. Some states like Nevada award a speedy divorce. However, look at the residency clause to see how long a particular state requires you to stay before filing the petition.
3. Try divorcing in another country
Check with the court of law in your state whether a divorce in a certain foreign country that you often visit is recognized in the United States. If so, you can easily file for a divorce in that country and be free without having to travel back and forth.
4. Avoid making amateur mistakes
Avoid amateur mistakes like fighting before children, bad mouthing your spouse in public, committing adultery in frustration, emotionally stressing yourself out, incurring huge debts, signing papers without reading or consulting a lawyer, agreeing to bare minimum settlement for the promise of speedy status change, and so on.
5. Plan your financials
Divorce proceedings typically take long time and if you have disputes about child custody, child support, asset division, and other important particulars, your legal fees increase exponentially. Good attorneys come by hard and they charge exorbitant sums of money. So, plan your financial situation carefully and reserve cash before you file a petition. If you need money for paying bills or your partner has gone missing and left you with debts, you might need some temporary financial assistance from local charitable organizations. If you are piled with debt you must consult an attorney for advice in legal/financial matters. Missing spouse cases are often harder to file and complicated. So it is best to seek expert advice in these matters.
6. Be cautious about dating
If you are not legally divorced or your partner is being uncooperative or difficult about granting divorce, you might want to be very cautious about dating, even more so if kids are involved
7. File custody for kids
If you are unable to decide about kids during the separation, you must file a custody action with the court. Your attorney can also advice you about custody clinics in your area. This is not an easy way to divorce but it certainly is an important step in the process.
8. Understand property matters
An essential step to divorce is an understanding of what does and does not constitute marital property. Marital property is all that property which is acquired during the marriage regardless of whose name is on the deed. The law also presumes that all debt and property acquired during marriage should be equally divided. Your attorney will help you understand your rights about Court decision in property matters.
9. Get help in case of abuse
In case of abuse, talk to your lawyer and get help from local Domestic violence authorities who can guide you.
10. Talk with each other to resolve problems
As far as possible, you must make a list of things and mutually upon matters pertaining to bills, kids and property. This is an important step that can reduce many aspects and hassles of an otherwise messy divorce.If you agree on several things, you must get a legal agreement stating these points and have it signed by both of you. If you disagree then you must talk with your lawyers present.
11. Finalize the divorce
A divorce is final when the judge enters it and signs the divorce decree or order. The divorce is final from that time of signing. The decree may also include clauses such as the wife resuming her maiden name, alimony and kids as well as other custodial claims.
These easy ways to divorce might seem like freedom in a jiffy but there are cases when this list of easy ways to divorce may not be for you. If you are in an abusive relationship, or have signed a pre-nuptial agreement and erred, have put money and effort into a relationship, given up a high paying job and spiraled your career down the abyss in hopes of finding a gratifying home life; you have no option but to go through the rigmarole of a full intensity divorce proceeding.