how to get a divorce


 

"Divorce should always be the last recourse..."
Click here if you still want to save your marriage.

Divorce Law: What You Need and How to Do It

The divorce law is not as complicated as it may seem. Spouses who want an end to their union don't have to make the process a painful and complex one. If both of you can agree on settling the issues between yourselves amicably, then you can save time and money. More importantly, both your active participation will prevent post-divorce concerns and instead help you two gain cooperation in parenting and support matters. Here are the basic requirements needed and the steps you should take in getting a divorce.

















Legal requirements for divorce

According to the divorce law in most states, a divorce, or dissolution, action should be filed and decided in court. Most of the states implement a no-fault divorce policy. This means that the courts with such policy do not make an issue out of who among the spouses have erred or have committed marital misconduct.

In most states, there are legal necessities that need to be met. These are:

1) Residency. According to the divorce law, the spouse who is filing for the divorce should be a resident in the state for a certain period of time. Oftentimes, a requirement of 6 months prior to filing for divorce is needed, and a minimum of 3 months in the county where the divorce will be filed.

2) Waiting period. This refers to the period that indicates the date the divorce is finalized and the parties are allowed to marry again. While the average is 6 months, the waiting period can be anywhere from 0 to 12 months, plus one day from the date the documents are filed in court.

3) Legal grounds. In general, the divorce law states that there are two grounds for a spouse to ask for a divorce. One is irreconcilable differences, and the other is incurable insanity.

4) Jurisdictional requirement. The divorce should be filed in the proper jurisdiction. This would mean filing the petition in the county where either of the spouses has lived in for a minimum of 3 months before filing for divorce.

 

Steps to take in filing for divorce:

1) Filing a petition for divorce - The divorce law states that one of the spouses should file for a petition with the court requesting for divorce. The petition will contain the grounds for the divorce, which will vary from one jurisdiction to the next.

2) Filing for a temporary order - A temporary order for support and custody may be filed by the spouse who is dependent on the other for financial needs, and if he or she will have custody of the children.

3) Filing the proof of service of process - The spouse filing for divorce is required to file a proof of service of process, a record that indicates that the other party has received a copy of the divorce petition.

4) Responding to the service of process - The receiving party should file a response to the petition for divorce. In the response, the receiving party may dispute the grounds or contest the facts that are claimed to be the grounds for divorce. The response may also state disagreements on the division of properties or other issues.

5) Negotiation - The court may schedule settlement conferences that would help both parties work out their differences. Issues that are often negotiated are custody and visitation, division of property and spousal support.

6) Trial - If there are matters that cannot be resolved through negotiation, these will be brought to trial.

7) Order of Dissolution - This order ends the marriage. This will also detail custody, support, and how the properties and debts are to be divided, among others.

"Divorce should always be the last recourse..."
Click here if you still want to save your marriage.