The divorce process is a complex and emotionally taxing event that requires an understanding of the applicable legal proceedings if you want to be fair to both parties, your children and your families. From filing to decree, it encompasses multiple phases. Have a look at an in-depth review of each step involved with a divorce and how you should navigate this situation.
Are You Ready to File for Divorce?
Prior to beginning the legally binding process for dissolution of your marriage, think carefully and prepare emotionally because of the gravity of the situation. Exploring all available alternatives such as counseling or mediation can provide insight into viable options prior to proceeding further. It may also be beneficial to seek counsel from qualified professionals who are knowledgeable about state laws and regulations regarding divorces in order ensure appropriate steps are taken.
Obtain Legal Representation and Build a Strategy
Retaining competent legal counsel is essential to effectively manage the intricacies of a divorce. Family law attorneys offer advice, protect their clients' interests and aim to reach an amicable settlement with regards to property division, child custody issues and support or alimony payments.
Alternative dispute resolution techniques such as collaborative law or mediation can be used to keep the process out of court, or you may need to use a mediator when the divorce process stalls and you or your spouse cannot come to an agreement.
Best Divorce Support Websites
- Divorce.com
- Marriage.com
- Verywellmind.com
- Survivedivorce.com
- Letsgetdivorced.com
How to File for Divorce
Once you’re ready to file for divorce, you need help from your attorney with submitting documents which outline requests concerning child custody, support payments, alimony arrangements and the division of assets.
When you work with your family law advocate or attorney, they will help you outline a child visitation schedule, inventory and divide assets, calculate child support, calculate alimony, etc. Those documents are all submitted to the court on your behalf and your lawyer/their office will communicate with the court to determine how the decree will be issued.
If a settlement is not possible, the case will go to court and the discovery process will begin.
Discovery and Disclosure: Gathering Information
The discovery phase involves gathering financial information pertinent to the proceedings, including income sources, assets and liabilities of both parties with full disclosure being paramount for transparency. Your attorney will collect documents and request information from you, and your spouse’s attorney will do the same. You must be forthcoming, especially with your lawyer, so that all information is on the table.
Hiding information during discovery will only serve to hinder or dissolve your case now or in the future.
Mediation and Settlement Discussions: Resolving Disputes
Mediation is an option where spouses are able to negotiate matters concerning support payments and property division under the guidance of a neutral mediator. Generally, a mediator is a former judge who hears both sides, helps the two parties come to an agreement and sends documentation back to the court.
If mediation doesn’t work out, you may go to trial before a family law judge. Keep in mind, as well, that you will spend more and more money on legal representation.
Divorce Court Proceedings: Going to Trial
Finalizing the divorce requires a decree from the courts which lays out all the terms agreed upon through either negotiation or trial, along with outlining custody details. The divorce decree is a pivotal document that is used to make many life changes, including:
- Removing spouses from financial accounts
- Changing insurance coverage
- Adjusting property deeds or titles
Moving Forward: Post-Divorce Considerations
Following the divorce, it's crucial to address post-divorce matters such as implementing custody and support agreements, updating legal documents, and adapting to new financial circumstances. Seeking emotional support and counseling can aid in adjusting to the changes.
Learn More About Legal Representation
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Frequently Asked Questions
What not to do during a separation?
While separated, you are advised to cooperate with your spouse and document incidents that you believe are untoward, but you should not argue with, engage, assault, stalk or otherwise annoy your spouse. Moreover, you should not do anything or agree to anything without speaking to an attorney.
How much does a divorce cost?
You will likely pay your attorney a retainer when getting a divorce, along with hourly charges when the retainer is exhausted, including court fees. If you file for divorce on your own, you will only pay court fees and filing fees.
What are the stages of getting a divorce?
The stages of divorce are the decision, filing, discovery, mediation, a possible trial and the issuing of a divorce decree.
About Patton Hunnicutt
Patton Hunnicutt is a contributor and editor at Benzinga. He’s worked for several years on financial content, addressing issues related to personal finance, investments, retirement, and more.