Just as you know when you want to say “I do,” you also need to know when it’s time to call it quits and say “I don’t.” Nearly half of all marriages end in divorce in America.
While counseling does help some couples, there are others who find that separating is the only solution. The steps to filing for a divorce can be frustrating with all the requirements you must complete.
Keep reading to learn the 5 steps you need to do in order to understand how the process works. After reading this guide, you’ll feel more confident in your approach to ending things on paper.
1. Start the Filing for a Petition
When you’re ready to call it quits you can go ahead and start a petition through the court. In most states, you don’t have to go through a period of living separately for a few months first. Although not a requirement, it can show both partners have irreconcilable differences.
When creating a petition, state both parties’ names, the date of marriage, and the reason for seeking a divorce. Be sure to file a divorce in the state you live in.
2. Receive Temporary Orders From the Court
Once you start a petition, temporary orders will kick in. These orders are put in place to prevent former spouses from stealing shared assets or attempting to take the kids (if applicable) without temporary child custody first.
It is best to work with a divorce attorney who can help ensure this goes into effect prior to the divorce finalizing.
3. Get a Restraining Order When Needed
You may need a restraining order in some situations. Anger and violence can happen a lot following a divorce even if it wasn’t there before.
You may or may not need a hearing to receive one. This depends on the evidence you bring.
4. Start a Disclosure of Finances
The next stop is the discovery process where disclosure of finances is completed and divided amongst the former spouses. Upon investigation, the court will look for things like tax or bank information and assets. This is probably one of the most important steps in the divorce process.
5. Prepare for a Trial
There are two types of trials. One where both parties agree with the current legal orders and one where one party disagrees. No matter which of the two you face, you will need to negotiate to settle.
Parties that reach an agreement can complete a Marital Settlement Agreement (MSA). In the event former spouses are unable to agree, the court will decide who pays what or keeps what.
Getting Legal Help When Filing for a Divorce Is a Great Option
Divorcing your spouse is never an easy choice, especially if it’s one partner who wants to leave. Getting “unmarried” legally can take a long time. That time is increased in the event one of the spouses makes divorcing the other an impossible scenario.
Whether you are having trouble getting the ball running because you’re not sure where to start or because your former partner is making it harder to finish, it’s best not to do it alone.
Filing for a divorce will work out better when you hire a divorce attorney. If you found this article helpful, you can check out other content like this and more on our website.
Danny White is a freelance writer who offers to ghostwrite, copywriting, and blogging services. He works closely with B2C and B2B businesses providing digital marketing content that gains social media attention and increases their search engine visibility.
