The Divorce Process: Do’s and Don’ts
Tears go down, nerves on ease, fairy tale of love has turned into a hell… you decide to end these tortures, you decide to divorce! Of course, maybe this is not the best decision but the better one for you and your child if the one exists. The divorce process is not that much easy and only saying “I get divorced” is just the beginning of your long “trip”.
Depending on the situation, which varies from family to family, the steps to take differ as well. If the couple has been married for a short period and doesn’t have children may be less involved in the divorce process. But the things go differently when the couple lived a long period together, have children and have significant property to share etc. The divorce process is especially difficult when one of the parties is against it, so resulting in the prolongation of the process. In contrast, if the parties come to a mutual agreement the divorce process becomes smoother and quicker. Consequently, the length of the process depends on both of you.
However, in this article, we will try to focus on some general steps each divorcing couple should know.
The divorce process
The first step you should take in the divorce process is filing a petition. Even if you both agree to get divorced, one of you should submit a divorce petition to the court. In the petition, the grounds for the divorce are stated. Of course, there are different grounds depending on the jurisdiction. For instance, there are jurisdictions which allow some type of no-fault grounds as “irreconcilable differences”, but before mentioning any, make sure your state has fault grounds to file for divorce on those grounds.
Service of process
Filing the Proof of service of divorce process should be performed by the spouse who filed the petition. This document assures that the other party received the copy of the petition. The party receiving the copy should file a response to it. The responding party should either dispute the facts stated in the petition or assert a defense to the grounds. In the cases of disagreement regarding property division, support, custody or else, the response should illustrate it.
Try to find lines of negotiation
Even if you have much to argue, try to sit and negotiate together. If not, the court may appoint settlement conferences to move you both toward a final resolution of the issues. For example, if you and your spouse disagree on child custody and visitation, the court may launch a decision on mediation. This means that a social worker or another court employee will be responsible for settling down the parties. Property division and any spousal support are the other issues to negotiate over.
However, if you still have unsolved divorce issues, the court will decide the issues at a trial. But if you want to spend both less money and time, try not to go to the trial at all.
When you get a dissolution order, it means your marriage no longer exists. There is one step you may take to have a dissolution you want. Try to compile a resolution which will include all the issues regarding your divorce. Later on, draft the order of dissolution and submit it to the court. If the court finds your dissolution supported by legal requirements, the judge will approve it. In the case of rejection, he/she will declare another Order of Dissolution.
No matter what happens, try to control your emotions and make your action not to harm the case. So, what you should and should not do during the divorce process; your do’s and don’ts.
- Cooperate with your future ex. When you reach a reasonable compromise, the divorce process becomes easier and quicker.
- Stand by your children (if have ones). Believe, this may not be the best period of their life. Support them. Let them not pick the side they prefer to communicate, it will hurt them deeply and not only. Keep them away from the divorce process as much as possible.
- Fully disclose your assets and property to avoid divorce decree based on financial deception. In such cases, you will have to come back to court in a very unexpected moment.
- Be aware of your options. Based on your circumstance, the court may offer non-divorce alternatives such as summary dissolution, annulment or legal separation.
- Be informed. Do your own research to know about where to file for divorce, child custody or support, alimony (spousal support), divorce trials, out-of-court settlements etc.
- Don’t get mad. Always stay calm. No matter how much you feel frustrated or angry, you will make things worse if shouting or yelling out loud not only at your soon-to-be ex but the children as well.
- Stay in your state. Don’t leave it until the end of the divorce. If you want a new life, postpone transferring not to postpone the divorce.
- Say no to the violation of any temporary custody or visitation arrangements to get the rights you prefer.
- Don’t forget to hire an attorney. He/she will protect your interests and make the complicated divorce process easier trying to get the best outcome.
Not every attorney can handle the case of divorce. Be attentive while having one. Though it is difficult to choose among lawyers the one you really need, but if you do, believe, you have made one of the most important decisions for the positive outcome of your divorce process. Ask him/her for help at any time the things make no sense or go wrong. Your attorney works for you and he/she should help you understand every single point in the divorce process.
Our attorneys are the ones you need to cope with your divorce case easily and professionally. It is high time to hire one of them, don’t hesitate, time flaws!
P.s. And whatever the outcome of the divorce will be, always look forward! Life is an amazing thing. One man/woman gone doesn’t mean the whole world is gone…