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!

Every person has to make plans for the future.  These plans will eventually include plans for after death.  There are two options for people making such plans.  You can either create a trust or will.  You might be wondering, “Should I make a trust or a will?”  There are differences between these two procedures and it is up to each individual to decide which suits them best.

There are three things you need to consider when debating between a trust or a will.  First, the probate is the legal procedures needed to be undertaken when someone dies.  These include administrative duties all having to do with a person’s estate.  It is a long arduous process that can be expensive.  The second thing that needs to be considered is estate tax.  Unless the estate exceeds $3.5 million you will not have to deal with this.  The last thing you should think about is the way you own your assets because this prevails even when you are dead.

When you have a will there are both advantages and disadvantages.  When properly prepared, your will can be an easy thing to deal with.  It is quite inexpensive to have a will drawn up.  There are certain disadvantages which include the probate.  The probate is the process of administering the assets by the executor.  This can take up many months and is subject to many fees such as attorney expenses and court costs.  However the will and estate is not subject to probate taxes and costs.

If you decide to go with a trust you will have a lot of advantages.  You can avoid the probate, have more professionalism when your assets are being administered and qualify for a tax advantage if you are married.  The cons of using a trust is that it is more expensive and difficult to create.

Your decision whether to use a will or a trust is entirely personal.  Each individual has their own choice and should not be coerced into something they do not want.  You should consider the value/nature of your assets, whether you want to bear the expenses now (trust) versus after death (will), your lawyer’s advice, and the relatives/people you are leaving behind.

If you are looking for advice on creating a will or trust, you should seek professional help.  Use TalkLocal to be put in contact with reliable local law offices.  You don’t have to do any work! Simply tell TalkLocal your issue and availability and–within minutes–you will be connected with a qualified company.  TalkLocal does all the work and you will have someone who is ready to help you on the phone almost immediately.

Do you have kids and in the process of getting a divorce?  If so, you might be wondering, “how do I apply for custody of my children?”  In order to start a custody case, the first thing you’ll need to do is file a custody complaint and application with the appropriate court.  This usually will be the child’s home state as pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, but the precise timing and requirements for child custody will differ depending on your local and state laws. Be sure to research the requirements thoroughly before applying for custody.

The next step is to prepare a petition for custody that specifies the type of custody you want. There are two different types of custody: joint/shared custody in which both parents make major decisions and sole custody in which only one parent has the decision making. Lastly, you can also apply for visitation, which means that the non-custodial parents still has the right to see the child for a certain amount of time. At some point, you’ll also be asked to fill out a financial affidavit that details your income and monthly expenses so that the court may assign child support payments if necessary.

The courts will then assign a hearing date during which you and the other parent will have an opportunity to bring forward evidence showing that you have the best interests for the child. At that point, the court may choose to reassign custody or change visitation rights. The most important thing to remember is that the courts will always make a decision based on what the judge believes to be in the best interest for the child, weighing factors such as special needs, education performance, and the child’s physical and emotional state.

While it’s possible to apply for custody of your child(ren) without a lawyer, child custody proceedings may get quite complicated so it’s highly recommended that you speak with a lawyer about how to proceed legally.  TalkLocal can help you find a high-quality lawyer to improve your chances of gaining custody of your child as soon as possible!

If you’re looking to get a divorce without a lawyer, that means you represent yourself in your divorce case.  Pro Se divorce means that you will have to go through the legal process yourself, including filling out any and all forms necessary for the court process. Before you continue though, you should seriously consider both the local and state laws governing divorce.  You will also need to keep the legal and emotional aspects separate, which can be challenging; if you are unable to do so, you should hire an attorney.

If you’re determined to continue forward with pro se litigation, then you’ll first want to do some research at the state law library and the local county court. Familiarize yourself with the ins and outs of the local divorce process and check whether you qualify for no-fault divorce.  Then you should pick up the necessary forms at the local courthouse or clerk’s office and fill them out (which should be simple if you’ve already determined how the assets will be split).

You and your spouse must sign the form (and have them notarized as required), and then deliver them to the local court clerk.  Make sure you have enough to cover the filing fee which will be due immediately and will vary by court.  You then need to notify the respondent about the divorce. After setting the final divorce hearings, begin the discovery phase.  During this phase, you’ll be gathering information pertaining to the divorce and send a list of questions (interrogatories) to ask the respondent.

Afterwards, you’ll enter a phase called mediation, during which you and the respondent will meet to try to negotiate any outstanding issues, such as distribution of assets and alimony.  However, if all issues cannot be solved in this phase, then both parties will have an opportunity to argue their case in front of a judge in divorce court.  The judge will then evaluate the evidence and distribute the assets accordingly.

Once again, since divorce is a complex and highly complicated legal process, it is much easier to hire an attorney.  You can always use TalkLocal to instantly find a high rated local attorney to represent you.

A divorce is a difficult decision to make, and the process is lengthy and complicated.  You might be wondering, “who can I talk to about divorce?”  Simplify your divorce by knowing the facts and contacting the right professionals.

Marriage Counselor

Before turning to an attorney, consider seeing a marriage counselor to see if the marriage can be saved. Contemplating a divorce is a very daunting thing to handle on your own. A marriage counselor will help you cope with the issues and possibly address and fix the problems. Talking to a professional third party can help clear your mind to decide whether divorce is what is best for you and your spouse. You can contact a marriage counselor from this directory.

Consult an Attorney

If you have decided that a divorce is the best option, divorce attorneys can inform you of the divorce process because they specialize in family law. They will advise you on your legal rights and responsibilities, as well as the best way to proceed. A divorce is never easy, but an attorney will be able to guide you through the process and answer any questions you may have.

An attorney will help settle the custody battle, help you take inventory of your household and family possessions, help you assess the best way to manage the family budget, and assist you in safeguarding what is yours. Divorce financial planning and protecting your assets can all be settled with the assistance of a divorce attorney. Finances can be overwhelming to handle, so some people choose to consult a financial planner for additional help. However, a divorce attorney is perfectly capable of handling these affairs on their own. To contact the best attorney’s in your local area, use TalkLocal’s free concierge service. You will be able to find a reliable attorney that can meet around your schedule.