It’s the season for stress-filled holidays. This could be the perfect time to get a divorce for couples who are struggling in their marriages. The process for getting divorced is important if you want to get it done before the new calendar year. This “how-to”, for divorce, has been created. First, let’s look at why people get divorced.
Reasons to Get Divorced
Many reasons people seek divorce. Here are a few.
Individual identity is lacking
Finding yourself lost in the “mom” and “dad” roles.
Whatever your reasons for divorce, there are steps that must be taken.
Inability to see the other side of an eye.
The details of your relationship will affect the steps needed to get your divorce.
1. Petition for Divorce
To initiate the divorce proceedings, one spouse must file the petition. Even if they are both in agreement, one spouse will have to file the petition with the court asking that the divorce be granted. This petition details the grounds for the divorce. These are different from state to state. California is a no-fault state. It does not place blame on any party for infidelity.
2. Temporary Support Orders and Custody
Temporary orders will be granted by the court to temporary support and custodial orders for spouses seeking financial support, custody, or visitation rights. A temporary order is generally granted within a few hours of the initial petition. It is in effect up to the full divorce court hearing. If the party seeking temporary support is the same party that is filing the petition it is recommended that they file both a divorce petition as well as the temporary agreement simultaneously.
3. The proof of Service and the Response
Once a person files for divorce, they need to also file for proof of service. This document proves the other party received a copy of the divorce papers. This can either be done by a solicitor or a process service. There are many ways to accomplish this, and you will need to consult a legal professional for guidance. If the divorce is agreed upon by the parties, the filing party should arrange to have the process served on the other side.
If divorcing couples disagree on matters, they should reach an agreement that resolves them. This can often be done by mediation. All aspects of a married relationship are resolved through mediation. To get the settlement you need, a mediation specialist is able to help. It’s best to resolve all of your issues outside court. This will decrease legal fees and the number of arguments, as well as any headaches caused by trying to reach an acceptable settlement.
5. Your First Year as a Single
The “moving forward” step is the most difficult part of a divorcing process. Once you have signed all of the paperwork and cleared the dust, you will be entering the “single’ box on your important forms. Instead, look at your new life in hope and excitement. The decisions about how you approach each day are up to you.
Working with an attorney
It is important to work with an attorney who has a direct interest in your situation. This will allow them to advise you on how you can best divide property, child support, custody, and alimony. An attorney can provide guidance and support as you work towards ending your marital relationship.