If you’ve been looking into a legal separation from your spouse, you may be wondering what exactly a divorce entails. Often, people jump right into a divorce out of haste and emotion without knowing everything that goes into the process. Whatever your reason for divorce, being well informed about the proceedings is a must in order to undergo an easy, stress-free separation. Take a look at the basics of how to file for divorce to inform yourself about what all goes into a divorce.
1. Firmly Decide to Separate
First and foremost, knowing that you want to separate with one hundred percent certainty will prevent heartache and inconvenience that comes from either pausing a divorce half way through or undergoing a permanent, unwanted separation. It’s not uncommon for couples to divorce and then marry again. This expensive hassle can often be prevented with a little counseling before a divorce. Sometime, a long, separate vacation is all that’s needed to reconcile differences. But if you’re firm on separation, you must then decide what type of divorce you want. A no fault divorce means that no spouse is to blame (for cheating or abuse, for example).
2. Hire a Lawyer
The next step is to hire a lawyer, no matter what type of divorce you and your spouse are choosing. Even in a peaceful divorce where there is no conflict over assets or custody, a lawyer will be handy for filling out all legal paperwork correctly. Some may try to convince you to file for divorce online yourself without legal counsel, but know that this often results in incomplete paperwork that may give you less from the divorce than you wanted. Filing for divorce isn’t something that should be done on your own.
3. File the Paperwork and Serve Your Spouse
No matter what type of divorce you have, one spouse will be required to file for divorce with the courts. This is the time to decide which court (circuit or superior) your country requires divorce filing. Call a local clerk to find out what is the correct filing procedure in your area. After that, one or both spouses will need to file the paperwork at the courthouse. Both spouses can be present (in the cases of no fault divorce), but only one needs to be present (in the case where only one spouse wants separation.) Regardless, you’ll need proof that you served the divorce paperwork to your spouse. This is best done privately at a lawyer’s office or at a friend’s home. Never serve your spouse in a rude or embarrassing manner, such as at work.
4. File Temporary Support and Custody for Children
Any good advice for how to file for a divorce takes into consideration the children of the marriage. At the same time that you file your divorce paperwork, make sure to file the correct forms for temporary support and custody of your children. Custody can go to either of the spouses or with a family member or friend, where children will be out of the divorce conflict.
Completing a Divorce
So if you’ve been thinking about separating from your marriage, knowing how to file for divorce is vital knowledge to have the best divorce experience possible. Do not head into this critical legal proceeding without knowing what you’re up against. Being aware of exactly what goes into legal separation will ease the transition for everyone.
