How to File for Divorce

Its sad how many marriages reach the point of no return. When this happens, the couple is forced to face the daunting situation of how to file for divorce. It’s a procedure that takes time and is decided in mediation or in court.

Depending on the steps taken, attorneys are normally hired. However before filing for divorce, make sure to explore every measure to first save the marriage, such as going to counseling. Divorce courts customarily ask to see evidence that reasonable efforts to reconcile have been made. A signed certification from a marriage counselor moves the process along.

Grounds for Divorce

Before divorce procedures can start, the courts can ask for evidence that reconciliation was attempted. They also want to know the grounds for divorce. These can be:

• Separation without consent for at least four years
• Separation with consent for at least three years
• Adultery
• Desertion for at least two years
• Difficult behaviors like alcoholism and spousal abuse, gambling or drug addiction

How to File for Divorce?

When trying to figure out how to file for divorce, it means learning which paperwork needs to be sent to the courts. It means submitting a statement of claims stating the grounds for divorce and then a writ of divorce. Plus, the spouse filing for the divorce needs to send in a proposal that says how the minor children from the union are going to be provided for once everything has been finalized. A housing plan needs to be shown and how shared domicile is going to be disposed of. Once all of these documents have been sent to the courts, a notice of action will be sent to the respondent-spouse. This is letting them know that the divorce process has been started.

“I have a simple divorce. No fighting over property or the children. Just a straightforward separation of two people.”

- Lynda, divorce4her.com

Respondent’s Response

If there aren’t any objections from the respondent, then procedures will begin. It will start with a Status Conference that’s set by the courts. If there are objections, then court-mandated counseling is dictated to the couple until divorce is inevitable or they can reconcile. If it seems like divorce is the only option, then it’s important to learn how to file for divorce and gain proper representation.

Gaining Representation

Some people are able to move through the divorce proceeding with divorce mediation. This is where a neutral third party steps in and helps the couple complete the process. It’s much shorter and doesn’t take as long.

If it goes to litigation, each spouse hires an attorney to make sure the proper paperwork is filed. They also make sure the judge knows the union can’t be repaired. The hired lawyer should have certain qualities, including patience, understanding, competency, honesty, experience, and so much more. They will make sure their client knows how to file for divorce.

“But most importantly, I needed a lawyer that was honest and fair, and wouldn’t leave me with a legal win that weighed on my moral conscience.”

- Dan D., www.maggiolawfirm.com

Completing the Process

One of the last steps in the divorce process is a three-month cooling-off period. This is scheduled because the court wants to provide one last resort in saving the marriage. Before the judge grants the divorce, he or she must be convinced it’s the best thing. Then they’ll finish the process and a certificate of divorce will be awarded. Three months later, both parties are free to get married again.

When learning how to file for divorce, it’s important to try to save the marriage first. If this won’t work, divorce procedures could take up to months and sometimes a year to complete.