Are you wondering how to file for divorce? Getting married to someone we love is a huge milestone in our lives, but relationships can often deteriorate as time passes and people change. Many couples want to seek liberty from miserable marriages through divorce but are intimidated by the process. Thankfully, filing for divorce these days is much simpler than it used to be, allowing us to leave the shackles of a toxic union behind and be free to live happy lives again.
Grounds for Divorce
Filing for divorce is a demanding process that can be made significantly less painful if both parties can agree on key issues. Before filing for divorce, one or both of the parties need to decide on the kind of divorce proceedings they will undertake.
No-Fault Divorce
Perhaps you and your spouse have tried your best to resolve your differences but are still unable to prevent the failure of your marriage. In the United States, couples are allowed to terminate their marriage due to irreconcilable differences. This type of divorce, where both parties agree that neither party is accountable for the breakdown of the marriage, is known as a no-fault divorce.
While every state in the US recognizes no-fault divorce in some form, each state has specific requirements as to what constitutes an irretrievable marriage. In most of the country, only one party has to file for a no-fault divorce. However, in states such as Tennessee, both parties must consent to the divorce and provide information on why their marriage cannot be salvaged. In addition, certain states such as Louisiana require couples to prove that they have lived separately for several months before filing for a no-fault divorce.
Fault Divorce
A fault divorce is a proceeding that is brought about by one party of the marriage due to the fault of the other party. In a fault divorce, the filing party must prove that their spouse has done something to warrant the termination of the marriage. There are various grounds for fault divorce, with the most common being abandonment, abuse, adultery, addiction, and criminal conviction.
No-fault divorces can drag out over long periods as opposing attorneys attempt to prove or disprove a spouse’s alleged bad behavior. Despite the comparatively cheaper and easier process of no-fault divorce, many people choose to file fault divorces as the evidence presented can influence other court-related decisions such as custody of the children, alimony amounts, and asset division.
Filing for Divorce
Drafting a Divorce Petition
If you have decided to file an uncontested no-fault divorce, you need to first create a Petition for Divorce. There are now several online services where potential divorcees can purchase guided divorce petition packages with generic paperwork that is uncomplicated to fill in. For those who prefer to stipulate exact terms and specific information, a visit to a divorce lawyer will furnish you with the necessary documents.
Negotiating the Terms
To complete the divorce petition, you need to negotiate certain terms with your spouse. This can include anything from the division of assets and property to the settlement of debts. Should children be part of the marriage, then parties will need to agree upon issues such as child custody, visitation rights, alimony, and extraordinary expenses like medical expenses. Once the terms are decided upon, then a marital settlement agreement is created. This agreement is then signed and notarized and submitted to the courts.
The Review Hearing
In cases where a divorce petition is filed by a single party, the petitioner is legally bound to notify their spouse by delivering copies of the divorce petition within a limited time. This can be done in person, by mail, or through serving notice via publication. Once served, the spouse will have a given timeframe to respond to the petition or waive their rights.
After receiving the divorce application, the courts will schedule a hearing to review the petition. During the hearing, the court ensures that the legal rights of both spouses and any children are protected and upheld, then finalizes the divorce. If a spouse has not responded to the divorce petition, then the court is likely to grant the petitioner whatever they seek in the application. After this, a certificate of divorce or a divorce decree is issued and entered into federal databases, and the two parties are legally divorced.
In Case of Contest
Sometimes, a person may want to contest the divorce petition filed by their spouse. In these cases, the contesting spouse will file an answer that disputes the divorce petition, and the court will schedule a number of hearings that lead to a divorce trial. In such instances, potential divorcees must hire an experienced divorce attorney that can help them to negotiate the stressful and complex process of the trial.
In terms of simplicity, a no-fault divorce is an ideal solution to an unhappy union. However, in contentious times, a good divorce attorney can provide much-needed support for estranged spouses. In either case, understanding the process of how to file for divorce is the best path forwards toward happiness and freedom in the future.