How to get a Divorce
If your marriage is not working out the way it should, you might be starting to think about that “d” word: Divorce. Divorces are becoming more and more common and in spite of this most people aren’t sure how to get a divorce. They know that they will most likely need a lawyer, but after that they aren’t sure how to proceed. Here is how to get a divorce:
The first step in our how to get a divorce tutorial is to ask you: are you sure that this is the only option? Have you tried therapy, couples counseling, a long vacation to “get back on track”, a trial separation? Divorce doesn’t always have to be final-there are some couples who do get back together, but before dropping the “d” bomb on your partner, you need to make sure that this is what you really want.
Do you really need a lawyer? If it is likely that the split is going to be amicable, then you might be able to save some time and money by doing your divorce yourself. Even if you think that you will be able to work everything out, it is a good idea to sit down and have a consultation conversation with an attorney, just in case. Some couples also use the same lawyer to broker their divorce, because there is little to no contest over the terms. One thing is for sure, you will need to have someone with legal expertise check over all of your paperwork to make sure it has been done correctly.
Make sure you have documentation on everything, even items that are not contested. This means each person having handy official identification, address information, their marriage information (the date and the county they were married in), all previous marriage information for both parties, copies of any sort of domestic contract or prenuptial agreement, and the dates and information about any reconciliation attempts and/or marriage counseling. You will also want to have all of your financial records together including the tax returns for you and your spouse and any other IRS related information, proof of your current income, a list of all of the major assets and liabilities and any credit or mortgage applications. Having documentation for all of this will speed the process along considerably.
There are many steps to the divorce process, but the best way to prove that your marriage is no longer working is by proving that you are “living separate and apart,” and by having a Separation agreement which works out all of the initial settlement issues of a divorce.
It can take a long time for a divorce to be finalized. There is more to it than signing a few papers and dividing up your stuff. It is something that you need to be very sure about. Hopefully this starter course on how to get a divorce has given you some insight as to how to begin the process, and your attorney or paralegal will be able to help you through the rest of the court processes.
How to Get a Divorce Tip #1
You need a lawyer. Even if you think that things will stay friendly and both you and your spouse make every effort to keep them that way, a lawyer must be consulted to make sure that everything is filled out and filed correctly. You can use the same lawyer if you want to keep the costs down, but a lawyer must be consulted.
How to Get a Divorce Tip #2
Your County Clerk is the best place to go for divorce forms and filings. They will have the forms that are the most up to date. Using older forms can waste time and money when you are forced to fill out a more current version. Laws and forms change all the time, make sure yours are the correct ones to use!
How to Get a Divorce Tip #3
This is not going to be an easy time for you. Even if you and your spouse are convinced that the divorce is in both of your best interests and things remain friendly, ending a marriage is never an easy process. How to get a divorce, Make sure you have a good system of support surrounding you to help you get through it.