The Ultimate Guide to Filing for Divorce

The Ultimate Guide to Filing for Divorce

November 2, 2022

By FairWell Family Law Mediation

Are you wondering how to start the process of getting a divorce? Click here for the ultimate guide to filing for divorce to help you get started.

Did you know that almost half of all marriages in the US end in divorce? If you’re thinking about getting a divorce, you’re certainly not on your own. Divorce is when a couple decides to formally absolve their marriage and the process can be as simple or as complicated as you’re both willing to make it.

However, most couples usually have children, debt incurred during the marriage, joint assets, and more that can make the process lengthy. If divorce is something you’re thinking about, you may want to know more about what could happen during the process. Here’s everything you need to know about filing for divorce and what to expect.

The Different Types of Divorce

There are three different types of divorce and you’ll need to think about which one will suit you. The first is an absolute divorce which will return both parties’ status to single. However, there will need to be proof presented in court that at least one spouse has been involved in wrongdoing or misconduct.

The second is legal separation and it terminates the couple’s right to cohabitate. In a legal separation, both parties are still considered legally married. The third type of divorce is a no-fault divorce where a reason for the end of the marriage isn’t required.

Some of the reasons cited for a no-fault divorce could be:

  • Irreconcilable differences.
  • The relationship doesn’t work.
  • Irreparable problems.

Starting a Divorce

The first thing you’ll need to do is find a family law lawyer who can guide you through the process. Your lawyer will need to file a divorce petition, even if both parties agree that a divorce is the best way forward. Depending on the state you’re living in, you may need to give your reasons for wanting a divorce.

If you’re still on amicable terms with your spouse, the whole process could go smoothly. However, if your filing for divorce comes as a surprise to your spouse, you may need the help of a good lawyer to navigate the complications that can arise.

What Documents Are Filed In a Divorce?

There are a few documents your attorney will need to file during your divorce process. It’s a good opportunity to talk to your spouse about what you’d like to happen before these documents are filed. For example, your attorney may need to file child custody documents or child support documents.

In addition, spousal support documents will need to be filed. Once these documents are filed and accepted, they will last until the final divorce hearing. The divorce petition will also be served to your spouse.

If you’re both in agreement about the divorce, your spouse need only sign and return the papers within 30 days of receipt. Both parties will also need to disclose information during the petition process including assets, liabilities, income, and expenses.

How Long Will My Divorce Last?

Averagely, most divorces can take up to a year to finalize. In many states, there is a waiting period after a divorce petition to allow any contested issues to come forward. An uncontested divorce with amicable spouses could take as little as twelve weeks after the waiting period.

How Will Assets Be Divided?

When it comes to property, your property will be divided according to common law. If both partners’ names are on the property deeds, then both have a half interest in the property. Debts that have been incurred during the marriage are the sole responsibility of the person who occurred a debt.

For example, if one spouse bought a car and put it in their name alone, that spouse will still be responsible for debt repayment. In community property states, both property and debts are divided between spouses.

Spousal and Child Support

Spousal support is where one party financially supports the other during and after divorce and legal separation. The type of spousal support received depends on the state you live in and can often be difficult to navigate without an experienced attorney. In many cases, spousal support is only received if the marriage has been longer than five years.

Any parent is responsible for supporting a child and therefore a non-custodial parent will be asked to provide child support to the custodial parent. The court will rule in favor of the best interests of the child or children.

Child Custody

There are two types of custody in the eyes of the court. The first is legal custody and the second is physical custody. Legal custody covers the ability of the parents to make health, educational, and religious decisions on behalf of their children.

Physical custody is the everyday care of a child and where the child lives. When divorcing spouses are amicable, it’s often easier to come to a mutual agreement for the health of the child/children involved. As long as there are no issues, there should be no reason why the court won’t uphold this agreement.

Find Your Lawyer

If you’re thinking about a divorce in Minnesota, Fairwell Family Law Mediation can help you. If you want to make sure your divorce is as amicable as possible and your children remain secure throughout, you’ve come to the right place. After your initial consultation, we’ll work together with you and your spouse to resolve any disagreements and come to a mutual agreement.

Our highly skilled mediation lawyers can take you through the divorce process as quickly as possible, saving you money and ensuring you get what you need. Why not take a look at more about us?

Filing For Divorce With a Family Law Attorney

Filing for divorce is never an easy time, no matter how amicable you are with your spouse. At Fairwell Family Law Mediation, we aim to make the process as easy on you as it can be. If you’re ready, you can get started today- just click here.



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