How and Where to Start Your Divorce Process

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How and Where to Start Your Divorce Process
(Photo : How and Where to Start Your Divorce Process)

Whether both parties agree to the divorce or not, ending a marriage with your partner is never a pleasant experience. Even the most amicable divorce can make couples feel as though they've failed. But no matter how messy and difficult it is to go through, the divorce process doesn't have to be complicated.    

With all the stress and drama this situation brings, the last thing you will need is to worry about how and where to start your divorce process. That's why this guide will take you through the whole legal procedure to end your marital union.

Step 1: Hire a Divorce Attorney

Because of how complicated the process is, divorce isn't something you should handle on your own. The first thing you need to do is to search for Midwest family law attorney offices and get the right divorce lawyer. Before proceeding to the next steps, it's crucial to have at least one consultation with an experienced attorney. They can help you determine your rights, explain what you should expect, and help you prepare and review necessary documents.

Step 2: File the Divorce Petition Against Your Spouse

After you have consulted with your attorney and decided to go through with the divorce, it's time to file a legal petition and ask the county court to terminate your marriage. As the plaintiff, you will need to include a statement that informs the court that at least one of you is a resident of the county where you're filing the divorce petition. The residency requirements vary from every state, so be sure to check it out first. Next, provide a legal reason or grounds for your separation and any other information your state requires.

Step 3: Ask for Temporary Orders

Divorce usually takes a long time to finalize, and sometimes, this may not be a good situation for some couples. For example, a stay-at-home parent who's dependent on their spouse for financial support can file for temporary alimony. If your partner is acting in a way that's making the divorce process difficult, you can also talk to a domestic violence attorney. They will help you file a temporary restraining order to keep you and your children safe.

Step 4: Serve Your Spouse and Wait for a Response

After filing the petition at the county court, provide a copy of the document to your soon-to-be-ex and file proof of service. This paperwork tells the court that you meet the legal requirements for giving a copy of the divorce petition to your spouse. Without the proof of service, the judge won't be able to proceed with the divorce case. When your partner fails to respond at the prescribed amount of time, they give up their right to have any say in the court proceeding or judgment.

Step 5: Negotiate a Deal

In the case of an uncontested divorce where you both reach an agreement on your own, the next step is to memorialize the divorce settlement. Sometimes, you and your partner may require mediation before working things out. But if you're going through a contested divorce can't seem to see eye to eye, both parties will have to settle the issue in court.

Step 6: Go to Trial

When divorce isn't amicable, or some issues remain unsolved despite mediation, both parties will need to go to trial and ask the family court for help. During this step in the divorce process, the judge will have the final say on the divorce terms and decisions. Mediation and negotiations allow the couple to have more control and get more predictable results. However, going to trial means you're putting the fate of your family and your properties on a judge.

Step 7: Receive Your Divorce Decree

Once both parties sign the agreement to their separation and submit all necessary documents for an uncontested divorce, the judge will examine them to see if the terms are fair. They will then sign the Divorce Decree terminating your marriage if everything is in order. In a contested case, both parties can argue their case in front of the judge. You and your partner can have witnesses lined up and proof to back up your claims. The judge will then issue the final order based on what they feel would be a proper and fair outcome.

Takeaway

Ending a marital union with your partner is never an easy experience. But even if your marriage was complicated and messy, your divorce process doesn't have to put you under the same stress. While this step-by-step guide will give you a general overview of the legal process, keep in mind that no two divorce cases are the same. It's best to work with an experienced divorce attorney who can assist you in the whole process.

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