The end of a relationship can signal that its time to consider filing for divorce. You may have been fighting with your spouse for the last couple of weeks, months or even years. Every person on this planet has a limit as to what they can take and put up with in a relationship. When you reach this point, you will want to know how to file for divorce. The love may be gone between the two of you. There may be abuse by one spouse to the other. The welfare of the children, if there are any, may be at stake also. Filing for divorce may be your only option.
If you have found this page, there is information you are seeking about divorce law, divorce lawyers, the whole divorce process, residency requirements, child custody and more. Let’s take a look at each one of these as it pertains to a dissolution of marriage.
Filing for Divorce – Divorce law
The law in each state is different. There are some common things though. If you or your spouse or both want to end the marriage, the only way to do it legally is to get a divorce.
A legal court in the state, more specifically, the county where you and your spouse live, Will issue a decree that will legally end your marriage.
This divorce decree will determine each parties part in the proceeding. This will include determining if the property will have to be sold, child custody, and if one spouse is going to have to pay the other on a set amount of time to support them.
The whole divorce process is a legal way to give a solution to two people that are not able to come up with the answers themselves.
Where Do I File
When Should Pursue Filing For Divorce
Once you have determined that filing for divorce is something that you want to proceed with, do it as soon as you can. The sooner you it, the faster it will come to an end.
If you feel that you are physically in danger in the relationship, A divorce petition is a good idea. You may also want to get a restraining order. If my children were in danger, I would file as soon as possible. You will want out of a toxic union as fast as it can be done. If there is a real danger of harm, filing for divorce should be done.
When Filing For Divorce, Where do you go to do it
When filing divorce papers, you or your divorce attorney will take the papers to your local courthouse. Check to see which office of the courthouse to do this. There will most likely be an information desk right inside the front door. They will be able to direct you.
What Information Do I Need When Filing For Divorce
Do I need my marriage license? You have to prove that you are actually married. If you are not married, you can not go through the divorce process. You will also need financial information. This information will be used to determine how much support one spouse may be entitled to, How much child support will be awarded, and other things after you file.
You will also need a list of assets. This includes any property and its value. All belongings in said properties. This is so the courts can determine the distribution of assets if the two people filing for divorce can not come up with an equitable distribution plan themselves.
Can Filing for Divorce Be So You can Have A Fast Divorce
You can file for divorce any time you like. As far as getting a fast divorce, that is questionable. The only way that will happen is if both parties agree to arrangements, distribution of assets, the amount of child support and spousal support if any, and neither person contests the divorce.
It is a rare situation when people filing for divorce can agree to all of this. You may sit down with your soon to be ex-spouse and have worked everything out. You may think everything is good to go. Invariably, the husband or wife gets mad at something, their friends convince them to get a divorce lawyer and the whole plan goes to hell.
If you are those rare people that work everything out between yourselves, a fast divorce is possible.
Does Filing For Divorce Require A Divorce lawyer
The short answer. No. You will probably want to retain a divorce attorney to guide you through the whole divorce process. Get recommendations from friends or family on which attorney is good if they have been through this whole thing before. Ask for references from the divorce attorney. See how satisfied his other clients were. At least those clients that will allow the divorce lawyer to give out their names.
Having a lawyer when filing for divorce will make probably ease some of the stress you will go through during this whole divorce process. The attorney can can assist in filing divorce papers and guide you.
Most of the time a law firm will have a reputation in the types of things that specialize in. Pick one with a good reputation.
Final Comments For Filing For Divorce
States have different rules when it come to dissolution of marriage or filing for divorce. Some see being unfaithful to your spouse as reason to file for divorce. Others states are what is called no fault states. In a no fault state you can sleep with all your neighbors, and the state does not care. Pennsylvania is one such state. Actually, most States are in this category.
In conclusion, pick a law firm that has a good reputation. Hire a local divorce attorney in your area. When filing for divorce, the attorney can try and get the soon to be ex-husband and ex-wife to try and come to an agreement. All the issues will be put on the table for discussion and resolution in the whole divorce process. Custody of the Children can be worked out by the two of you, if you have children, or by the court. All necessary papers that are needed will be gathered to file papers at the court house. Real estate will be split up or sold off.
When it is all over, you will both sit down and sign the divorce papers.
There are so many things to cover. It would be a good idea to hire an attorney to answer all of your questions when filing for divorce.
Author: William Rigby