How to File for Divorce

Divorce can take a toll on any person. Filing for divorce and the paper work required, leaves you exhausted and depressed. People in this unfortunate situation have no idea about how to proceed, where to start from, etc. But, there are certain things that you should know, so that if in such a situation, you protect yourself and your interests, and the divorce goes smoothly.

How to File for Divorce

Although, there are different kinds of divorce (to be precise, there are 6 kinds of divorce), the most simple and common is a no-fault divorce. No-fault divorce is one in which dissolution of a marriage doesn’t require a proof or evidence of fault against either of the party. The procedure of filing divorce for all other divorce is almost similar. One of the first steps when you are to file for divorce is to hire a good lawyer, who has an impressive past record. Hiring a good lawyer is like winning 25% of the chance. Few procedures which are necessary to complete the divorce are:

1. The couple should agree to end the marriage and abide by the requirements of that particular divorce.
2. A Marital Settlement agreement has to be completed. It’s a written document that outlines the divorcing couples rights and agreements about children (if any), property, etc. The documents are signed by both the spouses, that are witnessed by a public notary. The issues that are to be resolved are:
   • Division of Property
     • Real Estate
     • Vehicles
     • Household items (furniture, appliances)
     • Investments (stocks, bonds, pension funds)
     • Personal Bank Accounts
     • Insurance Policies
   • Alimony, custody and visitation, child support
   • Health insurance
   • Life insurance
   • Separation
   • Debts
   • Taxes
3. Generally, in a no-fault divorce, the above mentioned issues are solved by the spouses themselves. The court has no role in deciding such issues.
4. Both the spouses should then complete a financial statement.
5. The Petition or Complaint is completed simultaneously with the Consent, Appearance and Waiver form.
6. Child Custody Jurisdiction Form
7. Final Judgment or Decree
8. All legal documents are signed, witnessed by public, which are then filed with the County’s Clerk‘s office. Only then, the court arranges for a date
9. Both the spouses should comply with the Separation agreement
10. The person who signs the divorce papers needs to be present for court hearings. The judge may or may not question the person filing for divorce and later, may advise the person about the final steps to be taken

Preparing Divorce Papers

Martial Settlement Agreement is the first step to be taken and once these documents, along with financial settlement, are ready, it’s time for preparing the divorce papers. Some of the documents that need to be submitted, along with divorce documents, in the court are:

• The Petition or Complaint
• Appearance, Consent, and Waiver
• Child Custody Jurisdiction Form
• Final Judgment or Decree
• Certificate of Divorce or Dissolution of Marriage

These are a few basic steps that need to be followed while filing for a divorce. You don’t have to worry about any paperwork, if you have a good divorce lawyer. There has to be good understanding between the divorcing spouses regarding the distribution of property, alimony and children custody. If they don’t workout smoothly, you surely will have a headache.