What Is the Right Approach to Filing a Divorce?

Some relationships struggle to make everything right, no matter how hard the couples try. If the pieces don’t complement each other, the best course is to dissolve a marriage. It’s a very complex and challenging decision, but one you may need to make to move forward in your life.  

In 2020, 782,038 couples filed for divorce in the United States. Such events are often traumatic, stressful, and harsh. Part of it is emotional, while the other part is legal. There are legal obligations that both parties must meet to separate from each other successfully. 

If there are children, then divorce complicates even further. In this article, you’ll learn about the right approach to filing a divorce and the significance of getting expert advice from professionals through websites like https://www.barnettlegalteam.com/.

Check if You’re In Agreement With Your Spouse

To decide if it’s the right time to file for a divorce, you need to see if you agree with your spouse on the separation. You should be in agreement with the division of property, assets, custody, and support. You should also be comfortable with the arrangement of children if you have any. If there are debts, you need to plan for them as well.

The divorce process gets smoother when you agree with your spouse. If the division of property is involved, you should bring in divorce lawyers to sort things out.

Even if you’re about to part ways, it’s still vital that you have clear communication with each other. It would help if you listened to each other’s concerns and priorities. It’s best to list all the issues you must address to make your meetings productive. If there are things you disagree with, a lawyer should mediate for both of you. They can help guide you on what to do so everything is settled amicably. You can learn more here if you want to find out how a lawyer can help you. 

File for Divorce Petition

In the next step, you need to file a divorce petition. You can either do it yourself or ask your lawyers to do it on your behalf. This statement should be formatted appropriately and should contain a statement with a valid reason for divorce. At least one spouse should meet the state residency requirement, anywhere from 3 months to 12 months.

Once the petition is filed, a copy is sent to your spouse through a process server or certified mail. The court will rule a default judgment if your spouse does not respond to a given time frame.

Ask for Temporary Orders

If you cannot wait for the court to finalize your divorce, you can request temporary orders. These orders will remain valid till the court makes its final hearing.

Temporary orders can help you establish stability and clarity as you await the finality of the transition. This will also help you negotiate a final divorce settlement if needed.  

You can also request other temporary orders like status quo payments and property restraining orders. The restraining orders will prevent either of the spouses from selling the property. 

But if you can wait for four or six months, you don’t need to request temporary orders.

Serve Your Spouse with a Notice

After you’ve filed for divorce, you need to send a notice to your spouse. Along with that, file a proof of service with the court so that it knows you’ve notified your spouse accordingly.

Some spouses deliberately try to delay the process and stay evasive. To deal with such cases, you can take the help of an experienced lawyer who is adept at delivering legal documents.

If you’re the one who receives the notice, then you must sign it and respond accordingly.

Negotiate

Negotiating or mediation is the best way to settle a divorce outside of the court. It’s less expensive and time-consuming. If you’ve followed step one before filing for divorce, then negotiating will get easier since both of you are in agreement.

Divorce Trial

When negotiations fail, you can take the help of the court to make the final decision. With the services of an experienced divorce lawyer, you should file for a divorce trial. Keep in mind that it’s going to be lengthy and costly, sometimes going for years. So be prepared for it. The court will make a final judgment, which you can challenge at a higher court if you’re unsatisfied.

With a lawyer by your side, you can delegate the paperwork and compliance tasks to him or her while you take care of other things.