Filing for a divorce is a stressful process for people. A person with no law background generally has little idea about the entire process and how to go about it. So, looking for answers online or through lawyers is common. This article will give you a general idea of the divorce process and where to find the lawyer to file for divorce.
If you need in-depth knowledge about the entire subject, you can visit The Harris Firm to speak to some competent and knowledgeable lawyers and learn about divorce laws in detail.
Filing for Divorce
Uncontested divorces can be processed without a divorce lawyer because the separating couple already makes the primary decisions in an uncontested divorce. So you can decide if you want to proceed with the divorce by yourself or want to hire a lawyer in this step.
- But if your case is a matter of contested divorce, hiring a lawyer may be advisable as contested divorces are more complex and require a thorough knowledge of the process, which only an experienced divorce lawyer has. Contested divorces involve issues with property distribution, child support, alimony, etc. They can be hard to deal with all alone. Seeing a family law lawyer or a divorce lawyer is best.
State courts deal with divorce cases. To file for a divorce, the filing spouse has to file divorce forms at the county clerk’s office, which is typically located in the courthouse. Filing the divorce papers at a courthouse that’s close to your residence is wiser as you may be called to the courthouse multiple times after you’ve filed for divorce. The county courts’ websites always have information on where to file divorce documents; you can also refer to that.
If you share a minor child with your partner, it is advised to speak to a family law lawyer and hire them for the child’s custody. But keep in mind when filing for child custody that such a case can only be filed in the state the child is currently residing in.
State and County/District Residency Requirements
You can only file for divorce after satisfying the state and district residency requirements. You can visit the branches to learn more about the residency requirements & how you can fulfill them if you plan on getting a divorce from your spouse.
Most states in the United States have residency requirements for divorce cases. So, it is highly essential for you to fulfill them before filing for divorce.
Things to remember before filing for a divorce
Getting a divorce is not easy. A lot of legal proceedings are involved during the process. Many cases are observed where it takes very long to settle the divorce.
You have to be careful when you are making choices because you are making decisions for yourself and your family.
Read these pointers before making decisions.
- Until you are completely ready, do not threaten your partner for divorce.
Small fights and arguments are common between couples. However, getting separated legally can be the right choice when things go beyond your control. While this consideration is good, you also need to make sure you do not make decisions in anger. Decisions taken in anger or frustration are never right. Moreover, do not talk about divorce with your spouse until you are entirely sure about your decision.
- Consider your children
Children, especially if you have minors, are often dragged along during the divorce process. In cases of divorce involving minor children, the legal complexities would be more. Child custody would not be easy, and you also need to understand their mental health. Consider all the aspects of the impact of divorce on your children before you proceed further.
- Understand the divorce type and which one you want to go with.
Understanding which divorce type is good for you is important. You have two options that are contested and uncontested divorce. The court makes a decision on your issues if you opt for a contested divorce.
Whereas, if you opt for a contested divorce, you both can decide on all the important matters in your divorce. You can speak to an attorney to understand which one is better in your case.
- Understand and organize finances.
One of the most important factors that you need to carefully examine is your finances. Create a checklist of things or assets you own. These include houses, vehicles, inheritance, etc. Once you know what you own, the next thing to check is for debts. There may be debts or loans you both have taken.
if you are a co-borrower in debt with your spouse, it can still be problematic for you. The court will decide on who will pay the debts, depending on the financial capabilities of you and your spouse.
in case the court demands your spouse to pay the debts, and they fail, the debt collector can come for you since you are the co-borrower.
- Take help from an attorney to make things easy.
you should always go with legal advice. An attorney will guide you on different divorce types and evaluate your case. Depending on that, they will also help you in filing for a divorce.