Going through a divorce is no joke. It’s like entering a needle’s eye. And despite the fact that divorce rates have gone down over the past decade, one truth prevails—it still is a common issue that leaves many feeling scared and confused about what to expect.
Divorce is hounded by difficulties and myths, so getting to the bottom of how it all works is of utmost importance. That being said, this article aims to educate by breaking down the key steps in plain terms, shedding light on the vital details of the proceedings. Read on!
The basics
Right at the center of divorce proceedings are the courts. What they do is interpret laws and oversee each case. Practice areas offered in family law include child custody, property division, and spousal support, to name some.
The grounds for divorce differ by state. These could range from irreconcilable differences to more specific causes. One of the most common reasons cited lately is an affair. As to where you can file, it depends on residency requirements.
Moreover, the main types of divorce include contested, uncontested, no-fault, and fault-based.
The steps
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Filing for divorce
First things first, you need to submit your divorce papers, often called a ‘complaint,’ to your local court. This should outline your grounds and desired outcome. You also have to pay a filing fee, which varies by state.
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Serving the papers
Once filed, your spouse then needs to be officially served the papers according to your state’s laws. This is done in person by a sheriff or professional process server.
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Temporary orders
Temporary orders may be needed for urgent issues like child custody support while the case proceeds. Such orders lay out arrangements for kids, spousal support, property control, and more.
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The discovery phase
What does discovery mean in the context of divorce? It involves each party gathering and exchanging relevant information like financial records, insurance policies, and property assets. The goal? A fair division of assets and liabilities. Documents you can request can include interrogatories or questions by the family law courts and depositions or the responses of the witness or other party to those questions.
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Pursuing a settlement
Negotiating a settlement can streamline the divorce process. Want to reach an agreement sans any trial? Mediation or collaborative law is your best friend. These methods focus on cooperative solutions, which often result in a more amicable outcome.
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Trial
If no settlement is reached, the judge makes the final call on unresolved matters after hearing arguments. Trials can drag on, sometimes over a year. This can cost you thousands in legal fees! Going to trial is usually the last option. Hawaii, Massachusetts, and California have some of the highest median costs for a divorce trial in the country, reaching almost five digits.
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Finalization of the divorce
The endmost step in the whole process is receiving your divorce decree. This legal document, issued by the court, is what finalizes the divorce, confirming the dissolution of your marriage. It details custody, support, and property division agreements.
Key issues
You need to be wary of several critical issues. One of these is deciding on child custody. It should center around what’s best for the child, balancing their needs and wishes with parental duties.
In determining alimony, considerations include how long the marriage lasted, the financial situation of each partner, and their potential to earn in the future.
Dividing assets and debts can be particularly complex. This is true in marriages with substantial financial intertwining. States adopt either community property or equitable distribution laws. In relation to this, having knowledge of settlement tax impacts holds importance since it can have long-lasting monetary consequences.
Emotional and mental well-being
While going through the divorce process, it’s completely normal for emotions like sadness, anger, and confusion to occur, sometimes even all at once. What do you do when it becomes too much to bear?
Leaning on support from friends and family can lend you perspective and comfort. It’d also be ideal to join divorce support groups to find solace and reassurance from others’ shared experiences, as well as gain helpful advice.
To add, guidance from professionals like lawyers and financial advisors proves beneficial in navigating the legal intricacies and money-related matters. Additional assistance is also available from legal aid groups, so consider these options if you need more help in the proceedings.
Managing your stress levels also merits attention when going through a divorce. Steps to take include speaking to a therapist specializing in divorce to learn practical coping strategies for the transitionary process. With their help, they can also teach how to properly deal with the mix of emotions you might be feeling.
Final thoughts
Divorce can be such an overwhelming process, but never lose heart. Note that it’s your unique circumstances that’ll shape the proceedings. Staying updated on your case while seeking tailored guidance can help you throughout the process. Of course, having patience is a no-brainer, too. Take as much time as you need. Lastly, remember to make both emotional and physical well-being a priority during this challenging period.
