How to Get a Divorce- A Complete Guide
Divorce is the ultimate dissolution of the bond of the marriage. Marriage is a union of two individuals made with love, commitment, and responsibility. As they decide to end the marital relations, the next question they face is how to get a divorce.
To understand each other and give never-ending support to each other is the true implication of the term of love. But, sometimes things may go wrong drastically between the couple and then they are unable to resolve all conflicting issues between them. At this stage in marriage, spouses start to think about breaking a bond of relationship and acquire freedom by getting legally separated from a partner.
If you are thinking about getting a divorce from your partner and come out of constant fights and emotional ups and downs. It is important to know about the details of getting a divorce.
Following are Some of the Reasons for Divorce:
Adultery or cheating, infidelity:
If a partner is cheating on the other one, by having extra-marital physical and emotional relations, it is considered to be a valid reason for separation. A spouse who is not loyal to his partner is breaking the commitment and also, insulting a partner in an indirect way. In this case, a spouse chooses to file a divorce and get out of the marriage.
Emotional or physical abusive treatment:
If any of the partners is giving cruel or abusive treatment to the other, by insulting or subjecting him to physical harassment, the other spouse can immediately apply for a separation. The only condition that the partner has to prove in the court that he or she has been abused or tortured.
Substance abuse:
It is described as a cruel treatment or physical injury caused by a partner who is addicted to alcohol or any kind of drugs. It is known as substance abuse and if proven, can be a ground for divorce and compensation.
Mental diseases or incurable mental problems:
Some people suffer from mental problems like depression, fear, or chronic hysteria. In this case, the partner suffers a lot. So, this is taken as the reason for divorce.
Unsolvable issues or extreme differences:
In some states, no-fault divorce is permitted. This means, without accusing the other partner guilty of breaking the marriage, the individual can have a divorce on simple grounds. The extreme differences or complete breakdown of marriage are considered as the reasons for no-fault divorce.
How to get a Divorce through Court Procedure?
If you have decided to give your marriage a break and get a divorce from the partner, you must be aware of the legal procedure and functioning of the court in case of a divorce petition.
Some common steps of the divorce process are:
A separation process usually goes through 5 different stages and the first step to initiating a separation is filing for legal separation. After that, one of the parties must then file for divorce. The next step would be to exchange information with your spouse about the division of property and spousal support. Here are the 5 steps of this process.
Filing a Petition:
The filing of a divorce can be done by either of the parties in the court. It is the first legal step towards getting separated. You have to file a petition in the county court which is also called the complaint about divorce. Before filing for it, ensure that you fulfill residency requirements for the state where you are filing a petition.
Serving the notice to your spouse:
Once you file the petition, it is sent to your spouse by mail or by personal service. The documents need to be signed and returned to the court by the partner. If the other party wants to launch a response to your petition, it shall do it within the period of thirty days.
Temporary hearing and divorce orders:
After the initial process of filing a petition and response, the spouses are identified in the court. The court then arranges a temporary hearing for the case and informs the couple about the rules they need to follow during the process of divorce.
Also, the court issues temporary orders for the issues relating to divorces such as child custody, alimony, and property distribution. In a way, it is time given to the couple to prepare for divorce. Violation of these orders is subjected to family law.
Counseling:
The court provides an opportunity to the spouses to resolve their conflicts by mutual settlement. This is called mediation. It is carried out by the certified mediators. It helps to avoid further complications in the case.
Divorce orders:
If you and your partner solved the issues by mediation process and conclude on mutual agreement, the court issues the final decree of divorce that is the court orders of the final judgment. Otherwise, in a case where settlement efforts fail, the court arranges for the trials to resolve the issue.
Role of Professional Help in Getting a Divorce
The divorce procedure is lengthy and complicated. Often, you may find it difficult to understand the specifications of the family law and other detailed clauses. Therefore, it is advised to get a piece of legal advice and help from divorce lawyers and attorneys.
They assist you in presenting the case in court, contradicting the opposition party and increasing the chances of having the decision in your favor. The lawyers and attorneys use their expertise, knowledge, and experience to handle a divorce case. It helps to avoid the wastage of time and money.
How To File for Divorce
Divorce is the legal process of dissolving a marriage, ending all marital rights and responsibilities. It is the end result of what it feels like when a relationship has nothing left to offer. In some ways, it can be seen as inevitable because people grow and change in different directions.
And while not all relationships are meant to last forever, many couples find that they need or want something new after a number of years together. This leads them into divorcing one another legally with state law governing their decisions about how property will be divided.
This is done in regards to children or alimony payments between parents both present and absent from the family unit being just two examples among others where legal proceedings might take place before officially ending ties for good. It is quite a complicated and lengthy legal procedure if a divorce case is a contested one.
Spouses can take professional legal help through the attorneys and the lawyers who specialize in this field. Filing for divorce is the first step towards getting legally separated.
Divorce is never an easy decision. Most couples try to resolve the issues between them through discussions and mediations. But, they have to take a decision to get free from the bond of marriage in inevitable circumstances.
The first step that is to file for a divorce must be taken carefully. Because, many things such as life after separation, financial situation, mental condition depend on this first step. Some preparation is to be done when you start thinking about separation.
Also Read- Different Types of Divorce and Which One Suits You
The Important Points:
Reasons for Separation: It is important to think clearly about the grounds on which you want to take a divorce. The reasons for the conflicts and differences between you and your partner must be valid.
The list of grounds for divorce that are allowed by law differs from state to state. You have to check what are valid reasons in your state. And, these reasons are needed to be proved in court. So, make sure that you collect enough pieces of evidence before filing for separation.
Some common grounds for Divorce:
- Adultery or cheating on a partner
- Abuse and mental harassment
- Drug addiction
- Suffering from a mental incurable disease
- Desertion for a long period of time
- Legal separation
- Cruel treatment
These all are considered fault grounds. Some states allow divorce to be taken at no fault background. This is granted without making any of the partners guilty of any of these grounds. The reasons can be major differences or a complete breakdown of a marriage.
Paperwork and necessary documents: Once you make a final decision about taking a divorce, you need to collect all the proofs regarding the reasons. Also, there is a number of documents that need to be submitted during filing and disclosure.
Thus, it is advised to prepare all financial statements including rental plans, debt documents, accounts information, property papers, etc. Also, you may need to collect the nomination deeds, mortgage plans, and income statements along with it. This may take a long time, so it is suggested that to complete it before filing for divorce.
Decisions about other issues:
It may happen that the spouses agree on a decision of divorce, but not on the issues related to divorces such as property distribution and child custody. If you can arrange meetings with your partner to solve these issues, it will be better for you.
Otherwise, you must prepare a firm opinion about these matters by judging your requirements and priorities. So that, you can present your side in a better manner before the lawyers and the court.
After preparing for it, the actual process of filming starts.
It can be explained as below:
Deciding the type of divorce:
There are many types of divorce such as mediated, contested, summary dissolution, no-fault, etc. Choosing the type of divorce that you want to apply for completely depends upon you and your partner.
If you both are on talking terms, you can apply for a collaborative or a mediated divorce. If the situation of the relationship does not permit you to go for an uncontested divorce, you can apply for a contested or regular dissolution.
Hiring a Lawyer or an Attorney:
If you are going for a joint petition and a simple type of divorce, there is no need to hire a lawyer as you can present a case yourself. But, in case of a disputed divorce, the appointment of a lawyer is a necessity. Professional lawyers will help you to get a decision that is favorable to your side.
Fulfillment of Residency Requirements:
Every state has some specific residency requirements for the filing of the divorce. If you and your partner do not fulfill these requirements, a divorce petition will not be entertained in that state. So, make sure that you have a clear idea about residency requirements and you collect related proofs, and submit them in the local court along with a divorce petition.
Filing a Petition:
The next step is to file for a divorce. You have to find out the local county court and submit the form for filing a divorce complaint there. You can either file it jointly or individually. Generally, form FL 800 is filled as a petition for separation.
Serving a Petition to a Spouse:
If your spouse is unaware of a divorce petition, it needs to be served to him by the court. You can choose to serve it by courier or in person.
In this way, you can manage the things for filing for a separation.
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