Divorce and the process of filing for it can be overwhelming; this is because processes differ from state to state and country to country. Below are procedures you should follow to file for a peaceful divorce.
1. Figure out where to file:
Most states have a minimum
Residency requirement for people who want to file for divorce.
Assuming you lived in the same place for six months or longer, you can probably file for divorce in your county, even if your spouse does not live there.
If you have not lived in the same place for long, you may have to first file for separation and then file for divorce after you have met the residency requirements of your state.
In most cases you must file in the state where you live, even if you got married in a different state. Exceptions may be made for same-sex couples who got married in a state other than their state of residency for legal reasons.
2. Decide what outcome you want to have: Divorce can take many forms. In some cases it is amicable and relatively easy to bring about, but it can also get very complicated. What kind of divorce will bring about the results you want? Consider the following variables:
--Do you own property or other assets with your spouse that you plan to divide?
--Do you have children with your spouse, and will you be seeking custody?
--If you are seeking custody, will you also seek child support from your spouse?
--Consider creating a divorce mission statement so that you can clearly outline your goals and desires.
3. Gather information in advance: you need to gather information in advance what it is you want to divide and get the lawyer informed. There is need to organize documentation on both your assets and debts including the following:
Real estate, bank accounts, valuable personal property,
4. Schedule with experienced divorce lawyer: though straight forward divorce may get complicated, the lawyer has to be there to answer certain questions as the matter arises. These are what you should be ready with;
Be prepared to talk about your goals and desired outcome.
Bring the documentation you gathered on your assets and debts.
Have a list of questions that are specific to your situation ready to ask the lawyer.
Have the lawyer help you create a filing plan according to the laws that apply in your county.
FILING DIVORCE PAPER
1. Now is the time to fill the correct court form: fill out the correct court form. To avoid delay, go to their web site and fill the form obtainable. This is to start your divorce case.
The spouse filing is known as the "Petitioner" and the receiver of the petition is known as the "Respondent". The most common reason for filing is "irreconcilable differences" for a no-fault divorce.
In most cases you will fill out a Family Law Petition, giving the court information about your marriage and the orders you want the court to make.
You will fill out a Summons, which describes important information about the divorce process in your county, including standard restrictions regarding handling your assets and debts during the proceedings.
If you have property in question you will fill out a Property Declaration form.
If you have children under 18 with your spouse, you will fill out forms regarding child custody and visitation.
2. Have the forms reviewed. In order for the divorce petition to be processed smoothly, it is important that the forms be filled out correctly with accurate information.
Ask your lawyer to review the forms and make recommendations.
If you do not wish to work with a lawyer, ask for help from the court family law facilitator or self-help center.
3. File the forms. Once everything is properly filled out, return the forms to the court to officially file them.
Make two copies of the forms, so that you and your spouse both have one. File the original with the court.
You will have to pay a filing fee, which varies from state to state. If you cannot afford it, ask for a fee waiver.
4. Have your spouse served with the divorce papers. This is the legal process of notifying your spouse that a petition for divorce has been filed, and the court cannot precede until the papers have been served.
Find or hire a "server" to give the papers to your spouse. You cannot do it yourself, but you can ask a friend or relative over age 18, hire a professional process server, or use the police.
Have the server serve the correct papers either in person or in some cases by mail, if this arrangement has been agreed upon.
Have the server fill out a Proof of Service form. Have your lawyer or a member of the court staff make sure it is filled out correctly.
Make a copy of the Proof of Service form, and then file it with the court clerk.
YOU HAVE TO FILE FINANCIAL DISCLOSURE FORMS:
1. Make a Declaration of Disclosure after filing your petition. In order for your petition to proceed, you and your spouse must both disclose your financial information and file it with the court.
According to your circumstances, fill out either a Declaration of Disclosure and the accompanying forms, or the more simplified financial statement form. Talk to your lawyer about which one makes sense for you.
In most cases you will have to attach your tax returns from the past two years.
2. Have your spouse served with the financial disclosure forms. Your spouse should also have you served with financial disclosure forms, so that you are in agreement about which assets and debts you will be dividing.
Make sure you save a few copies of the forms. These forms will not be filed with the court, so it is important that you have them filed with your personal records.
If there is a change in your financial situation after filing the preliminary disclosure forms, you will have to fill out a second set of forms and go through the declaration procedure again.
TIME TO COMPLETE THE DIVORCE
1. Write up an agreement with your spouse. If your spouse has cooperated throughout the process, the next step is to write up an agreement regarding assets, debts, and child custody.
Have a lawyer help you write the agreement to make sure it is legally sound.
Have the agreement notarized.
If your spouse did not respond to your petition for divorce or your Declaration of Disclosure after 30 days, you will fill out your final forms without first writing up an agreement.
2. Fill out the final forms. Fill out a series of final forms regarding your assets and debts, child custody, child support, and other specifics regarding your situation.
Have your lawyer or a member of the court staff review your forms to make sure they are correctly filled out.
Make copies of the forms and file them with the court.
3. Receive your judgment. After reviewing the final forms, the court will send you a judgment notice notifying you of the outcome of your divorce and any further steps you must take to finalize it.
If your spouse contests the divorce, you may have to attend a court hearing. The judge will look over and may make changes to agreements pertaining to assets, alimony, child Support, custody, and any other anything the judge may consider amending.
Though Africans do not follow these proceedings, it is pertinent they follow up suit because; a lot of people in this part of the world go emotionally affected negatively after divorce.
An excerpt from wikihow. Date:--2018-05-29 12:30:01
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