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How To Get A Divorce

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2021-07-16 06:08:18

Petitioning The Court For Divorce

Confirm that you are eligible to file for divorce in the state where you live. Each state has residency requirements that you must meet if you want to file for divorce in that state. Typically, you must have lived in the state for at least 6 months to a year.

Visit a family law attorney for a free initial consultation. Family law attorneys always provide a free initial consultation. Even if you don’t think you can afford an attorney, it’s still worth at least talking to someone about your case. They may be able to help you in a limited capacity for a reduced rate.

Check for forms you can use if you're filing on your own. Family courts in most states have forms you can fill out if you want to file for divorce without hiring an attorney. Typically you can download these forms from the website for your state's court system.

Reach a separation agreement if required. Some states, such as Massachusetts, require you and your spouse to come to a preliminary agreement on child custody, child support, and how you will divide your property before you can file for divorce. This agreement can be a temporary agreement between you and your spouse or one that you intend to make part of the final divorce judgment. If a separation agreement is required, the state court website will have information and forms for you to use.

Complete your divorce petition. Through the divorce petition, you provide the court with information about yourself, your spouse, and your marriage. The petition is a document that formally asks the court to declare a legal end to your marriage.

Finalize and sign your divorce petition. After you've filled out the petition and other forms, read over them carefully and make sure all the information is correct. If you typed your information in the form, check for typos. Before you sign and date the forms, check if there is a notary block below the place where you're supposed to sign. If there is, don't sign your forms until you're in the presence of a notary

Gather supporting documents. At a minimum, you will need an official copy of your original wedding certificate to accompany your divorce petition. Some states may require other documents, such as birth certificates for any children you and your spouse have.

Fill out forms to request temporary orders if necessary. Through a temporary order, the judge can require your spouse to pay you child support or spousal support, or order them to pay certain bills while your divorce is pending. If there has been abuse or you are concerned for your safety, you can also get a temporary restraining order against your spouse.

Take your forms to the family court clerk. Once you've completed all the necessary forms, make at least 2 copies of the completed forms. Take the copies and the originals to the court clerk of the court that will hear your divorce.

Pay your filing fees or apply for a waiver. The fees to file a divorce case vary greatly among states, but they're typically between $200 and $500. If you can't afford the fees, you can apply for a fee waiver. Typically, you have to show extremely low income to qualify. If you are already receiving government benefits, such as SNAP or TANF, you may automatically qualify.

Have your spouse served with the petition. Your spouse must have legal notice that you've filed for divorce. By using the "service" process, you have proof that they were aware of the case. If your spouse fails to respond to your petition or show up in court, you'll need to show the judge proof that they knew about it

Negotiating Parenting Time And Property Division

Determine what property is separate and what property is joint property. Generally, any property that you owned before the marriage remains your own separate property and isn't divided. Most property acquired during the marriage is considered joint property, although there are some exceptions.

Make a list of you and your spouse's debts. With a few exceptions, debts acquired during the marriage are considered joint debts, even if only one spouse's name is on the account. If you acquired the debt before the marriage, however, it is considered your separate debt. With some exceptions, you're typically responsible for that on your own.

Complete your financial disclosure forms. Once you've made a list of assets and debts, you have to share this information with your spouse. Your spouse is responsible for making a similar list. Typically, you simply share this information with each other. However, some states also require you to file these forms with the court that is handling your divorce.

Talk to your spouse about how you want to split parenting time. If you and your spouse have children, you need to figure out who is going to have primary custody of the kids. Courts in most states consider it in the children's best interests to spend time with both parents, unless one parent is shown to be abusive or incapable of caring for the children.

Attend mediation if necessary. If you and your spouse can't agree on issues related to parenting time or the division of your property, a mediator can help. The clerk of the family court where you filed your petition will have a list of court-approved mediators that you can choose from.

Write up your settlement agreement. Once you've come to an agreement, you and your spouse fill out a form to submit to the court that outlines your decisions. Technically, the judge can alter this agreement, although in practice few do.

Attending Your Court Hearing

Complete any required parenting or divorce classes. Many court systems have courses to help divorcing couples understand the divorce process and navigate shared custody of their children. In some states, these classes are required. The family court clerk will let you know if you're required to take any classes.

Wait for notice of the date of your hearing. If you don't have an attorney, you'll receive notice in the mail when your hearing is scheduled. If you do have an attorney, they'll get the notice and then let you know the date of the hearing.

Organize your documents for the final hearing. Even for a simple divorce in which you and your spouse agree on everything, there will still be documents you'll need to bring with you. At a minimum, bring your copy of every document you've filed with the court.

Familiarize yourself with the court and its procedures. If you've never been to court before, sit in on some hearings before you attend your own. That way, you'll have a better idea of what to expect. Watch the same judge that will be hearing your own case. If you don't know the name of the judge, you can find out in the clerk's office.

Arrive at court at least 30 minutes early on the date of your hearing. Arriving early gives you plenty of time to park, get through security, and find the right courtroom. Do not bring your children with you to the hearing unless they are going to be witnesses. While you don't have to wear a suit, clean, neat, professional attire is preferred. The court may have the dress code listed on its website.

Stand when called to participate in your hearing. Typically, the judge will be hearing several cases in one day. When you enter the courtroom, take a seat in the gallery. When the judge calls your case, stand and indicate that you are present and ready to proceed.

Present your case to the judge. Since you're the one who filed for divorce, the judge will hear from your first. Do not speak until the judge asks you to. If the judge interrupts you, stop talking and allow the judge to ask their question or make their statement. Respond to that question and wait until the judge tells you that you may continue before you go on with what you were originally saying.

Get copies of the judge's final decree. If your case is relatively straightforward, the judge will likely issue their ruling from the bench and sign a decree or order that you prepared as part of your form packet. However, if you and your spouse left issues for the judge to decide, you may have to wait for the final decree.

Source: https://steamcommunity.com/sharedfiles/filedetails/?id=2548213795

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