How to file for divorce is a question that requires a detailed answer. Laws will vary from state to state, so it is important to contact a legal professional to obtain specific advice, but this page will provide you with a general overview of the process, which will provide you with the knowledge to take to an attorney and an understanding of the general steps you need to navigate through.
1. Talk to your spouse.
The first, and most important step to take is simply sitting down and having a discussion with your spouse. Hopefully at this point you are both in agreement that the marriage is not working and that you’ve decided to end it, you are at the point of wanting to know ‘how to file for divorce’. You will need to come to a general understanding on a few issues; how the property is to be divided, custody of any children, and whether you will be proceeding with a contested or uncontested divorce. Property division is often an extremely contentious issue, so initially it is unlikely you will be able to come to an agreement, but a general understanding of what your spouse expects is important to figure out. Child custody can be the nastiest step of any divorce, the best possible thing the two of you can do for your children is to remain civil and respectful towards each other, regardless of what happens during the divorce.
2. Consult Attorney
Even in the most amicable of divorces, the process remains a legal procedure, so it is usually best that the both of you consult an attorney at least once. There are many variations from state to state, and a local attorney will help you understand the issues at hand. For example, property distribution law can follow either the ‘equitable’ or ‘community property’ route. If your state follows community property laws, your marital assets will simply be split 50/50. If your state follows equitable distribution laws, the contribution of each spouse during the marriage will be considered by the judge when dividing assets. What exactly is considered marital property is another aspect that varies state to state, and your lawyer will be able to define that for you.
3. Grounds for Divorce
An important consideration when asking yourself how do I file for divorce is to consider what the grounds for divorce will be. It used to be that certain states would require specific reasons as to why you were ending your marriage, but as of October 2010, every state had approved laws allowing ‘no fault’ divorce, otherwise known as irreconcilable differences. Grounds for divorce is still important however, as reasons such as adultery, fraud, or abuse (among others) are often taken into consideration during the settlement process by a judge.
4. Financial disclosure
In a divorce, a couple’s assets will be split in some manner. To achieve this, it is required that detailed financial disclosure from both parties is submitted to the courts. Individual states have different laws and forms required, but it is a good idea to begin organizing your financial situation as completely as possible, because the information will be required at some point.
5. File divorce petition
This is the step where you actually inform the relevant courts that you intend to terminate your marriage. It is best to have your attorney with you at this time, as specific steps and information will be required by the courts. Once all the necessary paperwork is filed with the court, you will be issued a summons, which is a notice to appear at court. The court will also provide you with a second copy of the summons, which you will be required to serve to your spouse.
How to file for divorce is a complex question. Check back soon and we will have updated content with the steps necessary after you have obtained a summons from the court, how to serve your spouse and deal with child support and custody issues.