The first thing you need to remember when considering filing for divorce is that divorces are never the same. Your sister’s divorce may have been a bitter fight over everything they owned and your best friend’s divorce was an easy one. Your divorce will not be like anyone else’s and you shouldn’t expect it to be. Once you realize each one is unique, you will be able to cope with your divorce easier.
Every state is different. You will need to find information from your state to make sure you are filing the right paperwork. This is especially true if you plan to print divorce papers online. Many of these sites will ask what state you are in before you begin. For the best advice, you should consult an attorney who specializes in family law.
In every divorce, the first part of the process is called “filing for divorce.” In this step, you need to submit forms to the court explaining that you want a divorce and what you want from the marriage. For example, what you want to pay in child or spousal support and what sort of visitation plan you want with your children. This can be done without telling your spouse you want a divorce, but unless you are in danger, this is never a good idea.
Your spouse will have a certain amount of time to respond to your request. This is usually 30 days, but can vary so be sure to check with the laws of your state. If no response is made, the court assumes that person agrees with everything in the settlement and issues temporary orders on the more urgent matters, such as who lives in the house and care for the children. If necessary, restraining orders may also be issued.
These temporary orders stay in place while all of the final details are worked out. The best case scenario is that you and your spouse can sit down and work out the details of your divorce together. This saves time, money and anxiety. If you are both willing to work together, but don’t seem to be able to, try mediation. Your mediator will offer fair suggestions that you may not have considered. The worse case is that you and your spouse fight over every detail and your divorce drags on for months or years.
After the settlement is finalized, you will be given a court date. The judge will examine the agreement and if everything is fair, the final divorce decree will be issued. Remember, the best way to handle your divorce is to work as much as possible with your spouse so you can both move on with your lives.
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