General

How to File for a Divorce

The divorce rate in the country is steadily rising. This is a very common occurrence in today’s society, and most people will experience at least one divorce in their lifetime. It means that many people need to know what to do when they file for a divorce. Consider the following information to help provide some insight and guidance for those who want to begin the process of filing for a divorce from their spouse.

Filing for Divorce

The following information represents the general steps you need to take to file for and complete the divorce procedures successfully. Keep in mind that laws and protocols vary by each state, so it’s essential to research and expect from the state in which you were married.

File a Divorce Petition

The first step in the required legal process of divorce is filing a divorce petition. Only one person needs to file the petition, which is a request to end the marriage. You’ll need to provide certain information and details in the petition. This included the reason for the divorce, residency requirements, and any other state-required information. Each state has certain residency requirements that outline that one of the pair resides in the state and county for a set time frame before filing for a divorce.

Sorting out Temporary Orders

There is generally a waiting period required to get a divorce. That waiting period also varies from state to state. Some have a six-month waiting period and others one year. However, that length of time can be quite inconvenient for one or both parties in some cases. In these instances, you can ask for a temporary order, and depending on your situation, it may expedite the process. First, a hearing will take place, and the courts request information from both parties. Depending on the outcome, the judge may grant a temporary order, or they may choose to wait to finalize the divorce at the usual time. These temporary orders aren’t solely for speeding up the process, however. They can be related to property or payments. This measure can be for safety and security related to property or finances.

Serving Papers

Once you take the above steps and complete the temporary orders process, if there is one, you’ll need to serve the other part with a copy of the divorce papers. You’ll need to have them sign for it as proof that you indeed served them with the papers because the court requires those documents. Every step needs to be completed in a specific way to ensure the divorce goes through smoothly. Otherwise, the process stops, and there can be many complications.

The serving process is straightforward and simple. It’s easier if the other party agrees to sign and goes along with the divorce, but that isn’t always the case. Some spouses want to complicate the process and may not agree to the divorce. Seek out the services of a professional specializing in these types of procedures. They generally have a permit or license qualifying them to do this task on your behalf. You can also request the attorney to arrange this on your behalf.

Once the other party officially receives the paperwork, they must respond. If they choose not to reply within the given amount of time, that could have implications. A response can include a dispute related to the terms and conditions of the divorce if they feel it’s unfair or there is other information to consider. Some instances where the defendant would contest are related to the following.

  • Child custody
  • Spousal support
  • Dividing property

The dispute could relate to marriage and divorce and is handled by the judge during the court case.

The settlement, Trial, and the Final Judgement

During a divorce, the settlement between the parties is negotiated. This part requires the assistance of a top divorce lawyer to ensure you get the best results. If an agreement isn’t reached, the divorce trial begins, and the judge hears each party’s testimony and considers all the evidence. Once the information is heard and considered, the judge issues a final judgment related to the case. He also creates rules related to property, children, and any other related details related to the divorce.

Takeaway

If you plan to file for a divorce from your spouse, you need to know this information and specific details about where you live, and the rules outlined regarding divorce for the state and county you currently live in. That is why you need a top divorce lawyer to help navigate the complex waters of divorce. They can work directly with you to help you understand how the process works and what to expect along the way. They have the insight and experience to help the client know what to do and how to do it, so there are fewer issues along the way, and they can get the job done quickly without having to wait longer than necessary. Find a San Antonio divorce lawyer to help you through the entire process and get the support and assistance required to complete the process according to the rules of protocol for the state.

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