How do you File for Divorce

How do you File for Divorce Lawyers - Family

Filing for divorce is a rough affair; it can be emotionally stressful, costly, and time-consuming all at the same time. So how do you file for divorce?  There are many steps and, depending on the circumstances surrounding a divorce, many things to consider.

First off, it’s important to find a lawyer. Even if things don’t seem complicated, there is much at stake and it is still a legal process, so at the very least you’ll want to consult with a lawyer at least once. However, it is recommended that you keep a lawyer throughout the process, as the process tends to go more smoothly and efficiently with a lawyer present.

Before you start the process of filing for divorce, you’ll want to gather all your personal and business documents. Deeds, mortgage contracts, bank records, retirement plan paperwork, etc. Have everything available in case you need it.

A divorce starts with the petition, written by the spouse requesting a divorce (the petitioner) and is served to the other spouse (the respondent). This petition includes the names of the two spouses and children and declares any separate or community property, child custody, and child or spousal support. If the other spouse refuses to sign the petition or cannot be located, a professional “server” can be hired to personally deliver the papers. Once both spouses sign this petition, the state’s waiting period begins. This initiates an automatic restraining order on both spouses and establishes the date of separation. It also prohibits the taking of any children out of state, selling or borrowing any property or insurance held by the other spouse.

Something to bear in mind is that there are many advantages of being the one who files for the divorce. For one, any allegations made against the spouse are often taken more seriously since there would appear to be no reason for retaliation at that point. Second, by being the first to file, you gain leverage and control over the situation. This can be a helpful asset during the course of a divorce. Another benefit is that you also get to determine the county in which the divorce occurs, so if you and your spouse live in separate areas, this ends up being a considerable benefit.

If you’ve read this and are still wondering how to file for divorce, consider using TalkLocal, a FREE service that will connect you with top-quality, reputable divorce lawyers in your area. All you need to do is enter your specific need, location, and availability, and TalkLocal will contact multiple divorce attorneys, who will then call YOU directly, ready to help – all within minutes. Save time and stress from trying to find the right, affordable lawyer on your own, and let TalkLocal do it for you!

One Response to “How do you File for Divorce”

  1. Cheshire Family Law says:

    I tell all my clients before filing to try other means as far as counseling or weighing there options. And if they do decide to go through it I make sure I make the process as professional as possible.

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