Steps of a Simple Divorce
- Putting agreements in writing can help resolve any disputes later.young lawyer image by Alexey Stiop from Fotolia.com
Every marriage is different, and when a marriage ends, that situation will necessarily be unique. Additionally, the laws for your state may be slightly different from other states. While legal professionals recommend you seek the advice of an attorney, you are not required to have legal representation to file for divorce. The information provided here is not intended to serve as legal advice, however, and applies specifically to couples who do not have children and are seeking a divorce. - In order to get a legal divorce, one spouse must file a petition for dissolution of marriage with the court overseeing the area where at least one spouse lives. Divorce laws vary from state to state, but you cannot get divorced overnight, so it is usually best to file the petition to get the legal process started and work out the details during the process.
- After filing for divorce, many states require that each spouse discloses to the other all known assets or debts, including both joint assets/debts and those that are separate. The court will divide any property that you both own as joint property, such as furniture, houses or joint bank accounts. However, for a simpler divorce, it is best if you and your spouse can determine how to divide your joint property. If both spouses agree who retains which assets and create a written plan for dividing these assets, the judge will usually honor this agreement and make it official in the final divorce order.
- In a divorce proceeding where both spouses agree on the separation of assets and the responsibility of each spouse regarding debts, many states will allow the parties to submit their written agreements and then apply for a default judgment. When you file a request for a default judgment, you do not have to appear at a hearing. The judge will review the petition for divorce and your agreements regarding separation of assets and/or debts and make a final court order declaring you legally divorced. You will receive a copy of your judgment by mail or by request at the clerk of the court's office.
- While it may not be a defined step of a simple divorce, communication is a key factor in keeping things simple. If you can maintain civil interactions, your divorce will proceed much more smoothly. If you have trouble keeping things civil, it is worthwhile to hire an attorney and filter your communication regarding your divorce through him. If you cannot afford an attorney, many courts offer professional family law/divorce mediation to individuals and families who meet their income requirements.
Filing for Divorce
Separating
Finalizing the Divorce
Communication
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