Divorce is never a pleasant thing. However, it is often a necessary step when a relationship, despite all best efforts, cannot be repaired. The divorce process can be intimidating, and before you decide to take this step, it’s important to know what to do when getting divorced.
Step 1: Hire an Attorney
When you need to know how to file for divorce, the first step in this process is to consult a professional. While some divorces can be handled through mediation, this is sadly not always the case. A professional attorney can help guide you through the process and provide relevant advice and experience even if your divorce is finalized through the mediation process.
Step 2: Filing Summons and Petition
The first answer to the question of what are the steps when filing for divorce is to file the correct paperwork with your state’s court system. Once properly filed, your spouse must be served these documents to make the process official. These documents can be served formally by a processor server (you cannot do this yourself) or served informal if your spouse is willing to accept them via email or traditional mail. Once served, the court will then provide a schedule of important dates.
Step 3: Temporary Court Orders
During the divorce process, a temporary order can be requested and confirmed by the court to meet specific needs before the divorce is finalized. Examples include parenting agreements, child support, awarding of the family residence and removal of the other spouse, and assistance with attorney’s fees, to list some common examples. Mutual agreements are also possible outside the court’s enforcement, provided both spouses can agree upon them.
Step 4: The Discovery Phase
During the discovery phase, information is collected to help finalize the divorce. The discovery phase can include documentation and testifying under oath. Discovery can be informal, where information is simply exchanged, or formal, where statements and records are signed under oath.
Step 5: Settling the Case
Once all the proper information is collected, the next step is to attempt to settle the case. As noted above, many divorces are settled via mediation where a third party provides a neutral judgment. Such a settlement is practical because the assistance of an uninvolved third party allows for a separation that meets both your and your spouse’s needs.
Step 6: File the Final Orders or Appear Before a Judge
The final step in the divorce process is filing the final orders if mediation is successful. In cases where it is not, your divorce then goes to trial before a family court judge or commissioner. When going to trial, your lawyer will collect all reinvented documentation and prepare witnesses for upcoming testimony. Such cases can range from a few days to several weeks. Despite the complexity of legal proceedings, an experienced attorney can walk you through the process and help finalize your divorce.