You were in love at the time of your marriage and certainly didn’t expect divorce to occur at any point. However, unfortunately, it has now become necessary as you cannot think of a way to continue in that marriage. The good news is that divorce is not as complicated as you may have been led to believe. Below is an overview of filing a divorce by yourself without complications.
Filing for Divorce Using Your State’s Form
Each state has its divorce forms, typically available on the state’s court website or at the courthouse. You must use your state’s specific forms to file for your divorce. You can work with an attorney to file it on your behalf.
Generally, the document petitions a divorce, explaining what you want as regards child custody, support, and distribution of assets and debts. Then, your spouse will respond to the petition or complaint by signing the document if they agree.
Then, you and your spouse will request discovery to obtain documents like bank statements from each other. This ensures that both parties in the divorce settlement process have the same information. In some states, you must attend mediation or settlement meetings with court personnel at least.
If you cannot settle the divorce amicably, there will be a scheduled court appearance where the judge hears both sides and decides. The court proceedings may last days or weeks for complicated divorce processes with many custody issues and assets.
Requirements for Divorce Filing
The requirements for filing for divorce depend on each state’s laws. Each state has its requirements concerning how long you must have lived there before you can file for a divorce. Each state also has its law concerning grounds for divorce and waiting periods.
- Residency Requirement
You are not required to file a divorce in the state where you got married. However, you must have lived in the state for a specified time before filing for divorce.
Generally, most residency laws require that you have lived in a state for at least three months before filing. However, this law varies from state to state; therefore, check with your state of residence or your divorce attorney to be sure.
- Grounds for Divorce Filing
This requirement refers to why you seek a divorce. All states have a no-fault divorce where neither spouse is blamed, but the requirements for obtaining one can vary. Some states offer fault divorces, where factors such as legal separation, adultery, cruel treatment, imprisonment, and abandonment are grounds for divorce. You must provide proof if you use any of these grounds for your divorce.
- Waiting Period
Do not expect your divorce to be finalized as soon as you file the petition or complaint. Even if you agree on all the divorce terms, you may still have to wait a while before finalizing the divorce. The waiting period allows simmering emotions to cool down. This period is meant to help couples determine if they truly want a divorce and to settle if they do.
Conclusion
Filing for a divorce can be smooth and without complications with a divorce attorney. “Most divorces get complicated when there are many assets, debts, and custody issues,” says attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm, “Thus, each spouse should have an attorney who will review settlements before filing, among other things.”