How to File for a Divorce

Divorce is a declaration of independence with only two signers. ~ Gerald F. Lieberman, attributed, Divorce: It's All About Control

Divorce, as we all know, is the final termination or the end of a marital union, which cancels all the legal duties and responsibilities of a marriage and dissolves the bond of matrimony between the husband and the wife. Any legal process of divorce usually involves spousal support, custody of the child (if the child is underage), child support, distribution of all the property that the husband and the wife were sharing before going for divorce, and also the division of debt. All these processes makes the filing for a divorce a tedious job. The following steps deal with how to file for a divorce in a systematic manner, without much confusion.

Filing for Divorce

• Make sure that you have all your legal, personal and business documents in a proper order. If you are joint possessors of any property such as a house or bank account, then you should have the deed or mortgage contracts ready. If you have any joint debt, then you should have a record of that. You should also have your account records, retirement plan records, etc., ready at hand. Keep all these documents in a proper file. This will make the process much easier.
• Have a clear idea as to how you would like to split the things between you and your spouse. You should also decide beforehand about things such as the custody of the child, supporting the child, etc. If these are not decided beforehand, then when it is time to file the divorce papers, you will have no legal standing, if there is a dispute later on.
• Now comes the actual process of filing the divorce papers. Technically, you can file a divorce without a lawyer or attorney. But it is advised that you at least consult one before going further ahead with the entire process. He is the best person to consult when it comes to filing for a divorce in your own state or locality, as divorce laws may vary from one state to another. So it is best that you have an attorney to help you with this process.
• Keep a track of all your financial transactions when filing for a divorce. If you have been promised by your spouse to provide you with or give you something, then make sure you have written proof of it with the date and time of your conversation. Be sure that you understand a document that you are being asked to sign, properly, before signing it. Also consult your divorce attorney before signing any documents.
• Divorce are of several types:
  • No-fault divorce
  • At-fault divorce
  • Summary divorce
  • Uncontested divorce
  • Collaborative divorce
  • Electronic divorce
  • Mediated divorce

Thus, before going for a divorce, decide what type of divorce you want to go through.

Cost of a Divorce

Before going through the entire process of filing for a divorce, you should have an idea as to how much does a divorce cost. The cost usually varies from one couple to the next. During a divorce agreement, there will be a split in the property, and with each part of the property going to the other party or person concerned, is considered as a part of the overall divorce cost as well. Along with this, you also have the court fees and the legal fees. If the couple does not have much assets and they also do not have a child, then filing for a divorce will cost them around $500 per person. The court fee varies depending on your location. Also, if you have entered mediation, then you have to pay your mediation fee as well. If however, the couple has a large amount of assets and they also have children, then the cost of filing a divorce is huge. There will be additional cost if the parents are fighting over the custody of the child(ren) and also supporting the children. The divorce lawyer or attorney, who is being consulted, also does not come cheap. Every discussion held with them, every letter written by them, every negotiation and every disagreement between the spouses, will cost money. If the couples can sort out most of the problems themselves, without the help of the attorney, then it will cost them less. The attorney will also charge the couple for preparing the divorce papers. Sometimes, they even collect the court fees themselves and later give it to the court.

Where to File?

The next situation that may arise while knowing about the process, let us know exactly where should you go. Usually, divorce proceedings are carried out in the State Courts. They have the power over such proceedings. The superior courts in some states will have a specific family court division to carry out where the divorce petitions can be filed and where the cases can be heard. Some states, however, do not have any specific court division designated to file divorce petitions. Hence they are usually filed in the main civil division of the superior or circuit court. In large cities, the country or the district branch will have a number of facilities in various locations across the city. The requirements needed to file a divorce usually vary from one state to another. The states have their own residency requirements, such as the time the couple had spent in the state before filing for a divorce, etc. Before or while filing for a divorce, one must comply with not only their state's residency requirements but also with the county residency requirements.

Instead of going through all these complicated processes, don't you think it would be better if the root cause of the problems between the couple is resolved? You can consult an expert for their advice on divorce, and save yourself all the trouble and the trauma during and after the divorce. An advice from an expert also comes to great use to those who are already divorced and now unable to cope up life. Even though, if the situation is such that you have to file a divorce, then following these steps will make the process simple without any type of hassles.