The wedding bells may be ringing from a distance, but not in celebration, but rather in alarm.
In 2022, the United States Divorce rate was more than 40% for newly married couples. Although you thought you found the one, you may be realizing that you’re better off alone. If you’re interested in getting a divorce, there are a few things to understand.
Read below to discover how the divorce process works and what to expect so you can start moving forward!
Consider Yourself
One of the first steps in the divorce process involves sitting down and thinking about your future.
If you’re considering getting a divorce, there must be a good reason to leave someone you love(d). When a relationship has turned cold and unsupportive, sometimes ending things is the best solution. Think about your happiness and have open discussions with your partner.
When it becomes clear that working things out isn’t an option, you should contact a divorce lawyer. Although this can be tough for children, a separated family will cause less trauma than parents that constantly fight.
File for Divorce
Whether you or your spouse start things off, you must file a divorce petition.
Divorce petitions are completed, even if one member doesn’t want to get a divorce. If you’re interested in starting the process, you’ll have to supply a statement, legal reason for divorce, and other statutory info.
The more info you provide, the more likely the case will go in your favor. If you file for divorce and don’t discuss it with your spouse, they will get served the paperwork. This is the start of the entire process, and often where couples bump heads the most.
What Can a Lawyer Do for You?
Even if you file for an uncontested divorce, you still want to have a lawyer by your side.
Many details can impact the validity of a divorce, and attorneys are familiar with them in your local area. Not only can they help you complete paperwork, negotiate, and stand in court, but they can also provide guidance.
Family law firms can help you deal with custody battles, alimony payments, and child support. Each divorce is unique, so you can’t Google search for a solution. Divorce attorneys will be your most valuable resource.
How Long Does It Take?
From the time you start filing for divorce until it’s complete, about a year will go by.
The divorce timeline is pretty standard for most couples. It takes an average of 12 months to finalize a divorce. However, if your case goes to court, you should expect the timeline to last around 18 months.
Each state has a waiting period for divorces, they typically last longer when children are involved. The reason filing for divorce takes so long is that custody agreements can be difficult to negotiate. There is also a chance for couples to attend divorce mediation to see if there is a way the relationship can be mended.
Request Temporary Orders
Knowing that the process takes more than 12 months on average, temporary orders are often placed by the judge.
After you file for divorce and find a lawyer, you can start getting financial help or custody of children. Child custody orders are subject to change after the hearing is complete. Try to take care of the temporary orders immediately after filing.
You will recieve proof of service once the paperwork has been given to your spouse. This is considered ‘serving’ someone since they get all the legal documents. If you don’t submit your temporary orders and proof of service, the judge can’t proceed with the divorce.
Make sure you have a licensed professional to serve all paperwork. Partners that want to create obstacles or that don’t want to get divorced can make this phase difficult.
What Will a Divorce Cost?
Some couples decide to try and work things out when they realize the cost of getting a divorce.
Over recent years, it costs more than $10,000 in attorney fees and divorce expenses. When couples can’t agree to terms, this can cost even more due to the timeline extensions. If you and your spouse don’t want to spend a lot, you must be willing to work as a team one last time.
You may have to dip into your savings to cover the costs, but if you don’t want to be financially or legally connected, the process is necessary.
Negotiate Your Terms
Having a divorce lawyer will be important while you draft and discuss divorce arrangements.
It’s common for couples to negotiate child support, child custody, and property division. Many spouses sell their homes to afford another place, but in some cases, one individual may recieve the family home.
If your partner abandoned the household or cheated, you may have leverage in drafting the settlement. Make sure you attend court-mediated sessions to find the most appropriate solutions for finances, kids, and assets.
When spouses agree to terms and both want the divorce, this process can go by quickly. If you can find center ground, you can both avoid having to go to court.
Head to Court
Often, couples can’t agree to every single term, so they end up having to go to the courthouse.
A divorce trial may be necessary if you can’t agree on the settlement. A judge will listen to both sides, and witnesses, and take in other relevant info. A jury and judge will discuss the divorce and who should get what.
It’s important to note that trials can be drawn out and expensive. If you don’t have a large budget, you both need to make arrangements before getting to trial. In the end, the judge will give the results and sign the divorce papers.
Don’t Let the Divorce Process Drag
There’s nothing easy about walking away from someone you love, but when a marriage turns toxic, it can be the only solution.
Since the divorce process takes so long and isn’t cheap, you should take every measure to agree with your partner. The more fighting and disagreements there are, the more you will pay in legal fees.
Divorce attorneys can help represent your case and ensure you get a fair share of custody and compensation.
Make sure you check out our page for more info about getting a divorce and finding legal representation!
