Filing for divorce can be a very stressful process, especially as the ways differ from state to state. It is important to conduct some research to ensure that the process goes smoothly and that you are happy with the result. Read on for some information on what you need as you prepare to file for divorce and how to research the application process.
Steps
Method 1 of 4: Prepare to File for Divorce
Step 1. Find out where to apply
Most states have a minimum residency requirement for those who want to file for divorce.
- If you've lived in the same place for six months or more, you can probably file for a divorce in your municipality, even if the other spouse doesn't live there.
- If you haven't lived in the same place for a long time, you may need to first apply for a separation and then file for divorce once you are able to meet the residency requirements in your state.
- In most cases, you need to apply in the state you live in, even if you got married in a different state. Exceptions may be made for same-sex couples who have married in a state other than that of residence for legal reasons.
Step 2. Decide what result you want to achieve
Divorce can take many forms. In some cases it resolves in a friendly and quite peaceful way, but it can also be terribly complicated. What kind of divorce can make you achieve the result you want to achieve? Consider the following variables:
- Do you have property or other property in common with the other spouse that you plan to share?
- Do you have children and will you seek custody?
- If you try to secure custody of your children, will you also try to get alimony from your spouse?
- Consider creating a divorce mission statement so you can clearly outline your goals and wishes.
Step 3. Collect information
Before setting up a meeting with a lawyer for a consultation, you need to have a clear picture in mind of what you and your spouse will have to share. Prepare documentation regarding both your property and your debts, including the following:
- Real estate, bank accounts, and personal assets of value.
- Mortgages, loans, and credit card statements.
Step 4. Talk to a lawyer
Arrange a consultation with a divorce attorney. Even divorces that seem simple in appearance can end up getting complicated, and a divorce lawyer can answer specific questions regarding your situation. Even if you will eventually opt to self-represent yourself, a one-hour consultation with a lawyer will help you get started.
- Be ready to talk about your goals and the outcome you want.
- Bring the documentation you have prepared about your assets and debts with you.
- Prepare a list of questions specific to your situation so you can ask the lawyer.
- Get your lawyer to help you plan your divorce application based on the laws in your country.
Method 2 of 4: Submit Divorce Cards
Step 1. Fill out the correct court forms
Go to your municipality's court or visit their website to get the forms you need to fill out to pursue your divorce lawsuit.
- The spouse making the request is called the "Applicant" while the spouse who is notified of the divorce request is called the "Defendant". The "irreconcilable differences" are the most common reason behind a divorce by mutual agreement.
- In most cases, you will need to fill out a Family Law Application, providing the court with information about your marriage and the arrangements you want the court to make.
- You will need to fill out a Citation, which provides important information about divorce proceedings in your country and explains the various restrictions on managing your assets and debts during the proceedings.
- If you own disputed properties, you will fill out a Declaration of Ownership form.
- If you have children under the age of 18, you will need to fill out the childcare and visitation forms.
Step 2. Have the forms examined
In order for your divorce application to be processed smoothly, it is important that all forms are completed correctly and with accurate information.
- Ask your lawyer to review the forms and give you possible suggestions.
- If you don't want to deal with a lawyer, ask your court family mediator or self-help center for help.
Step 3. Submit the forms
Once you have filled out all forms properly, hand them over to the court for formal application.
- Make two copies of the forms so that both you and the other spouse can have one. The original must be presented to the court.
- You will have to pay an administrative fee, which varies from state to state. This sum can amount to several hundred dollars; if you cannot afford to pay the commission, apply for exemption.
Step 4. Have divorce papers delivered to your spouse
This is the legal process for notifying your spouse that the divorce request has been filed, and the court cannot proceed with the lawsuit until the documents have been delivered.
- Find or hire someone who can deliver the documents to your spouse. It's not something you can do, but you can always ask a friend or relative over the age of 18, or hire a professional registrar.
- Make sure the clerk delivers the correct documents in person or, in some cases, by post (if you have made arrangements to do so).
- Have the clerk fill out a Proof of Service form. Have a lawyer or court review the form to make sure it is filled out correctly.
- Make a copy of the Proof of Service form, then give it to the clerk of the court.
Method 3 of 4: Submit Economic Disclosure Forms
Step 1. Make a Disclosure Statement after submitting your divorce application
In order for your request to proceed, both you and your spouse must present your financial situation and submit it to the court.
- Based on your situation, fill out a Disclosure Statement with the related forms attached, or a more simplified financial statement. Ask your lawyer what is the best solution for your case.
- In most cases, you will need to attach your tax returns for the past two years.
Step 2. Have your spouse submit the financial disclosure forms
Your spouse should also have financial disclosure forms delivered to you so that you can agree on the assets and debts to split.
- Make sure you file some copies of the forms. These forms will not be handed over to the court, so it is important that you keep them filed with your personal documents.
- If there is a change in your financial situation after submitting the preliminary disclosure forms, you will need to complete another set of forms and repeat the entire declaration process again.
Method 4 of 4: Complete the Divorce
Step 1. Draw up an agreement with your spouse
If your spouse has been cooperative throughout the process, the next step is to draft an agreement on assets, debts and child custody.
- Enlist the help of a lawyer to draft the agreement so that it is written in legally satisfactory language.
- Get the deal notified.
- If your spouse does not respond to your Divorce Request or Disclosure Statement within 30 days, you will fill out the final papers without first drafting an agreement.
Step 2. Fill out the final documents
Fill out a series of final documents relating to your assets and debts, child custody, child support, and other specific things that affect your situation.
- Have your lawyer or a court official review your documents to make sure they are filled out correctly.
- Make copies of the documents and give them to the court.
Step 3. Receive the court's judgment
After reviewing the final documents, the court will send you a judgment notice, informing you of the outcome of your divorce lawsuit and any further steps to take to finalize your divorce.
