Starting Divorce Proceedings: Your Step-by-Step Guide
Starting divorce proceedings means that you are at the end of your marriage. From the bottom of our hearts, we are saddened to learn this. The process of filing for divorce is long, with many pitfalls that can be hard to navigate without proper help. Therefore, we have created a step-by-step process that will make this process easier for you.
We will go through each step in detail so that you understand it completely and know what to do. We will go through everything from the initial consideration before filing to serving the paper to your spouse and finalizing the divorce.
Initial Considerations
Emotional Preparation
Before you even kick off the divorce process, it’s crucial to think about how it might affect your feelings and well-being. Many people dismiss the difficulty and emotional challenges you might face when going through a divorce, especially if it’s an ugly one.
We don’t; as such, we highly recommend that you seek professional help from a therapist or some support from friends or family. It can and will make a world of difference during this emotionally draining process.
Legal Consultation
The next significant consideration you need to think about and make is consulting a legal professional. Hiring an experienced lawyer is highly recommended because they can offer great insight into starting divorce proceedings and following through. Also, they will let you know your responsibilities and what you can expect in the end.
If you are looking for a reliable and experienced legal expert, contact litigation lawyers of Legal Advice BD, who have years of experience on this topic.
Legal Grounds
Before you file for divorce, you need to know your legal grounds because you need to know if your reasons for divorce are acceptable. There are many good reasons for divorce, such as irreconcilable differences, adultery, abandonment, cruelty, and more.
But they all have finer details that your legal consultant can help you understand. Recently, no-fault divorces based on irreconcilable differences have become more common. As such, talk with your lawyer and look at your local jurisdiction for more information.
Filing the Petition
After reviewing your initial considerations, you are finally ready to start your divorce proceedings. The first part of the process is filing the divorce petition.
Required Documentation
Any divorce proceedings depend on the information you provide or present, so if you want your side to have the advantage, you need all your information organized and clear. Therefore, you need to compile all essential documents prepared at the start.
Critical documents include marriage certificates, financial records, and details about children (if applicable). In this case, more is better, so consult with your legal advisor and collect as many documents that can help you and organize them. When collecting documents, please pay attention to how you organize them.
Serving the Spouse
Once you have filed your petition, you must serve the divorce papers to your spouse. There are different ways you can do it. And this will start the divorce process in full.
Methods of Service
There are protocols when you serve your divorce papers, so follow them accordingly. You have multiple options for serving these papers: personal service, mail, or hiring a professional process server. Check all your options and follow the one that will work best.
Response from Spouse
Many things can happen once the papers are served, so be prepared. Your spouse can have several reactions, from being cooperative to angry to contesting the divorce. Leave nothing to chance; if you think so, have some people around to support you.
Temporary Orders
Filing for divorce for any reason will enforce specific temporary orders that both parties need to follow. Get help from your legal counsel to understand these orders if you need help. Mostly, these orders are about child custody, spousal support, or property use. The court will check if you are following these orders, and if you do, then you might get a more favorable outcome once the divorce is finalized.
Discovery Phase
Now is the time to collect evidence for your case. You might have already started to do so when collecting your documents. Still, in this phase, you should collect other kinds of evidence. This evidence might include visual records such as photos and videos of cheating to witness testimonies of bad behavior. The more you have, the better prepared you will be and the stronger your argument might be.
Negotiation and Mediation
There are other ways to finalize your divorce if both parties are agreeable. There is no reason to go to court if both sides don’t wish to.
Exploring Alternatives
If both parties are agreeable, the lawyers can and will set up an alternative option, such as negotiation or mitigation, to reach the final decision. These methods are the best choice if you wish both parties to achieve an amicable outcome.
Benefits of Mediation
There are many benefits to negotiations and mitigations besides getting to an amicable outcome; for example, by ending divorce proceedings with a negotiation, you don’t need to pay any extra court fees or legal fees, so you will save money. Also, by not going to the court, you will save yourself from mental stress by not having to go through the lengthy court hearings where your and your spouse’s dirty laundry might be aired.
Read More: A Guide To Inner Peace And Relaxation
Court Hearings
If, for some reason, you weren’t able to come to an understanding through negotiation, then you need to prepare yourself for a court hearing. Talk to your lawyer to understand the process. Your case will be presented, and the evidence will be shared. Present your case articulately, addressing legal requirements and demonstrating your perspective.
Child Custody
Looking Out for Your Child’s Well-Being
When the court figures out who gets to be with the kids, they always think about what’s best for their child first and foremost. They think about what’s best for their little one when deciding where they’ll live and who they’ll spend time with.
Teamwork for Parenting Success
Imagine sitting down with your ex and working together to make a plan for raising your child. That’s what creating a parenting plan is all about. It’s a chance for both of you to decide where your child will stay, when they visit each parent, and how you’ll make important decisions about their life.
This way, you’re not leaving it all up to the court, but instead, you’re actively shaping your child’s future in a way that works best for everyone. It’s teamwork for the sake of your little one.
Division of Assets
Divvying up things during a divorce? Let’s talk about marital and separate property. Knowing the difference is essential to make sure everything gets shared fairly.
Sorting Marital from Separate
First things first, we need to figure out what’s marital and what’s separate. Marital property is stuff you both got during the marriage, while individual property is things each of you had before. It’s like sorting out who gets what.
Putting a Price Tag on Things
Now, let’s talk numbers. Valuation is like putting a price tag on shared things. We want to ensure everything gets divvied fairly, so knowing the value is crucial. This way, we prevent money troubles from popping up after the divorce.
So, when discussing splitting the stash, remember the difference between what you got together and what you brought into the relationship. Then, put a fair value on everything to keep things smooth sailing post-divorce.
Spousal Support
Factors that Matter
When it comes to spousal support, a few things play a significant role. First, the difference in how much each person earns, how long they’ve been married, and their financial situations are key players in this game. You need to know as much as possible about your former life partner’s capability to support both of you.
How Long and Can It Change?
Now, about the duration of this support – it’s crucial to grasp how long it might last. Additionally, keep in mind that things in life can change. That means the support arrangement might need adjustments if circumstances for either party shift down the road.
Simply put, your income, how long you’ve been together, and your money situation affect how much support is needed. Plus, remember, this support might not stay the same forever. Life changes and the support plan can change with it.
Finalizing the Divorce
Wrap up the divorce journey smoothly by coming to a mutual agreement. When you’ve settled on the terms, the official dissolution decree signals the legal closure of your marriage. It’s like closing a chapter, making everything official in the eyes of the law. This document marks the end of the road to your marriage journey in the legal sense.
Conclusion
As we said in the very beginning, starting divorce proceedings is a big and challenging decision. If everything worked out, then you should be grateful. But nothing is set in stone, so you have to be prepared. The process can be completed much more smoothly with expert legal advice from legal firms like Legal Advice BD.
By following our step-by-step guide, you should have an easier time. Once you have finalized everything, you should be free to start the next significant chapter of your life.
FAQs
How long does the process take?
The duration varies but is influenced by cooperation, court backlog, and complexity. On average, it may take several months to a year.
Can I change my lawyer during the proceedings?
Yes, you can change your lawyer if you need a different legal representation. Ensure a smooth transition by promptly communicating your decision.
What if my partner wants to avoid working together on this? What do I do then?
In such cases, legal remedies exist. Consult your attorney to explore options like court intervention to move the process forward.
Is mediation mandatory?
The requirement for mediation varies by jurisdiction. While it may not be mandatory, exploring this option can be beneficial for resolving disputes amicably.
How are child custody decisions made?
Courts prioritize the child’s best interests, considering factors like parental abilities, stability, and the child’s preferences (if age-appropriate).
What if I want to reconcile during the process?
Reconciliation is a personal choice. Communicate openly with your spouse and seek guidance from a therapist if needed. Your lawyer can be a helpful ally, so communicate with them.
