How Do I File For Divorce?

in Divorce

For most people, divorce is a huge life step, one that they may know very little about. If you and your spouse are considering getting a divorce, you probably have a lot of questions running through your head: what will we do about the kids? Who gets the house? What happens to our joint investments? But perhaps the most practically important question you'll be facing early on is: how do I even go about filing for a divorce? You hear about it all the time, but you may not know what exactly goes into it.

First of all, it's usually a good idea to engage a lawyer. Unlike you and your spouse, divorce lawyers spend their professional life dealing with divorces, and they'll know the ins and outs of the process and how the law will affect your particular situation.

Next, it's important to make sure you get all paperwork together. If you own a house, make sure you have the deed or the mortgage documents. Marriage licenses and bank account records are also necessary. If you have joint debt, you'll need to provide proof of this as well. You should gather all of this information and put it into a single file so that you have it at our disposal throughout the proceedings.

Once you have all this together, you and your spouse will need to discuss how you want the property to be divided. When it comes to a divorce, unless an item is specifically stated on the document, you will have very little legal right to that possession. While this will almost certainly be a very painful, drawn-out procedure, you should realize that it will be even more painful and drawn-out if you have to go back to court later to sue for your right to something. It's probably a good idea to talk to your spouse about child custody and support as well as alimony payments at this time.

Once you've done all this, you'll be ready to file for divorce. While the cost for filing for divorce differs from state to state, the cost is usually around $100. You will need to go to a courthouse to file for the divorce. While you can go through the entire divorce process without legal representation, it's probably a good idea to have the advice and help of a lawyer at times like this. A qualified divorce attorney can make sure that you have all your legal ducks in a row, so to speak, and can help you avoid the potential for future legal battles with your former spouse that can arise if you file for divorce yourself.

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Joseph Devine has 1 articles online

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How Do I File For Divorce?

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This article was published on 2010/03/29
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