Legal Issues

What Is the Process of Divorce? A Quick Guide

Divorcing your partner can seem like a daunting, impossible task, but you shouldn’t let that get in your way if you’re unhappy in your marriage.

Although the process can be difficult and painful, it isn’t as complicated as you might think. We’ve put together this guide to help you answer the question, “What is the process of divorce?”

Make sure you keep reading below!

Are you curious about what actually happens during a divorce? Then check out our quick guide as we answer the question, "What is the process of divorce?"

Petition for Divorce

Regardless of whether both partners agree to the divorce, one of them must start the process by petitioning for a divorce. This petition goes to the court and requests the termination of the marriage. Throughout this whole process, it’s advised to work with a professional law practice like Peters And May, who have superior knowledge in the industry and can provide excellent services to help you in your case.

In this petition, you will have to include:

  • The legal reason for the divorce, unless it’s a no-fault divorce
  • Proof that you meet the state’s requirements for divorce
  • Other statutory information requirements

It can be difficult to figure out what to put in this petition on your own, so you should always hire a lawyer to help you through it.

Arrange Temporary Court Orders

It can take a long time for a divorce to finalize, and you might not be able to wait until then to arrange things like child custody, child support, and more.

You can ask the court to grant you temporary orders for these things, and they will do so quickly so you can start to adjust to your new lifestyle changes. Remember, these are temporary, and the court may decide to change them later.

This is also the time you can file for restraining orders if you feel unsafe leaving your partner.

Serve Your Spouse the Divorce Papers

At this point, you can give your spouse a copy of the divorce papers. After that, you will need to provide the court proof of service so they know the spouse saw the papers.

Your spouse will have 30 days to respond to your divorce papers. If they agree, the process can move along quickly. However, if they dispute the divorce, you may have to go to trial.

Negotiate a Divorce Settlement

Once your spouse agrees to the divorce, you will have to decide how you will split your assets. You will also use this time to talk about child custody arrangements and financial support and other things, such as who gets the house in divorce cases.

This can be a difficult process since you have to work together with your soon-to-be ex-partner, but your lawyers will be able to provide some divorce mediation and help you come to a conclusion.

If both parties agree to the settlement, the divorce process might end here.

Go to Divorce Trial

If your partner doesn’t agree to the divorce or if you can’t reach a settlement, you will have to go to trial to finalize the divorce. This can make extend the process by several months and can make it much more expensive, so you should do your best to avoid this if at all possible.

What Is the Process of Divorce? Starting Your Journey Today

So what is the process of divorce? Although divorce can take a long time, there aren’t a lot of steps involved. If you are unhappy in your marriage, you shouldn’t be afraid to start your journey to happiness.

Want to learn some other helpful marriage tips? Make sure you take a look at the rest of our blog today!

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