A divorce may be a person’s first introduction to the court system, and with so much on the line and so many variations in what can happen, it can be confusing to navigate the process. It is crucial to understand the basic steps of a divorce and to work with a lawyer to make it possible to get through the process with as few issues as possible. When a divorce is pending, there are a few steps that have to be taken.
Start Working With a Lawyer Right Away
It is crucial to start working with a lawyer right away if you’re getting divorced, as they can help with understanding local laws and how the divorce process will proceed. They will be on top of everything, so if there are any issues, they can provide advice to help with moving forward. They’ll be able to answer any questions the client may have, walk them through what will happen, and explain the most likely outcomes for the divorce depending on how future steps go. They’ll also help ensure deadlines are met to prevent potential issues during the divorce.
Prepare to File the Divorce Petition
The person must start by filing the divorce petition. In most cases, the person will file for a no-fault divorce. What this means is that the person is not asking for a divorce based on a specific reason. They’re just saying the marriage is irretrievably broken and that they’d like to separate from the spouse. It is possible to file for a fault divorce, but in these cases, the grounds for the divorce need to be proven.
Serve the Spouse with the Petition
Once all of the paperwork is filled out, it can be filed with the courts. The person will need to serve their spouse with the divorce papers. This can be done in a few different ways, but it is important to have proof that the spouse was served. Most of the time, the sheriff’s department will assist in serving the spouse to make sure the documents are received. If the person doesn’t know where their spouse is or doesn’t have a way to contact them, it may be possible to do a service by publication.
Wait for a Response
It is necessary to wait for the spouse to file a response. They have a limited amount of time to do this, after which the divorce may proceed without their response. If they do respond and agree to the terms of the divorce, everything can be finalized. If they do not agree with the terms, it becomes necessary to go through additional steps to have everything settled. Mediation can be a good way for everyone to discuss the terms of the divorce and come to an agreement. If this doesn’t work, the case can go to court and a judge can settle it for them.
If you’re planning on going through a divorce, the first step is to start working with a lawyer. They’ll guide you through all of the remaining steps of the divorce, including filling out paperwork, serving your spouse, and negotiating the terms of the divorce. Schedule a consultation today to learn more about the specifics of your situation or to find out more about the divorce process and how the lawyer can help.
