How to File for Divorce

Learning How to File for Divorce Can be Complex

When a couple decides that a divorce is the only solution to marital problems, learning how to file for divorce can be a challenging process. Knowing what to do, knowing who to call, and figuring out what papers to file can be confusing.

It's not uncommon for people who decide that a divorce is in order to have no idea what to do or how to initiate the divorce. The most common thing that couples do when they decide to file for divorce is hire a divorce lawyer. Once the lawyer is selected, he or she should give step-by-step instructions on how to file for divorce. However, it's still good to know what will happen during the process.

Before Filing for a Divorce

If the decision has been made between a couple that a divorce is necessary, it's important to have all bank records, investments, property, and other financial paperwork in good order. The lawyers hired to work on the divorce will need all of this information.

After figuring out exactly what is owned, the couple should discuss the fairest way to divide all of the assets. If a rational agreement can be accomplished, this will help the divorce lawyers speed up the process.

Filing for a Do It Yourself Divorce

In a case when a couple completely agrees that the marriage should end and there are no minor children involved, it's possible to file for a do it yourself divorce. While completing a divorce without the help of a lawyer can be complicated, it can be accomplished by visiting the state or county courthouse where the couple resides and obtaining instructions on how to file for divorce.

Divorce Procedures

Every state in the United States has its own regulations on how a divorce is filed. However, the procedures are usually somewhat similar.

1. First, at least one party must file papers with the court that state a divorce is desired. If the couple is in agreement, a number of forms must be completed regarding the division of assets.
2. Once all of the documents are signed in front of a notary, they are filed with the couple's County Clerk's office where they reside.
3. After this, the County Court will assign a date when the person who originally filed for divorce must appear and answer any questions that the judge has.
4. After this court appearance, the judge will advise on any other action that must be taken before he/she will grant the divorce.

Common Law Divorce

Before a common law divorce is necessary, it must be first determine whether or not common law marriage actually exists where the couple resides.

If a common law marriage is legal in the state where the couple resides, then divorce papers would be filed the same way an officially married couple would file them. Lawyers and/or the court and a judge determine how to divide all marital property and custody if children are involved.

If common law marriage is not legal in the state where the couple resides, the couple cannot officially get divorced. According to the courts, the couple was never married in the first place. In such a case, a professional mediator can be hired to help the couple come to decisions on how the property should be divided and how to work out custody issues if there are children. If mediation does not work, the unofficially married couple can still use the courts to determine child custody or to help ensure the return of property or division of assets between the couple.

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