Divorce may be inevitable in your life for several reasons and you might seek an everlasting solution through a divorce. When you have already decided to go for divorce, there are so many processes and steps to reach the final destination of the divorce. If you hire a divorce lawyer for file a case. He/she can work to proceed with the case at the court smoothly and effectively.
We commonly know that this divorce case is handled by the divorce lawyer who works based on fees. These fees come as an hourly rate or flat rate which is a handsome amount of money. Even if there is a free divorce lawyer who can work for your divorce case, you can search and get legal assistance from them. But you may also do it by yourself. For this, you need to know detailed and complete guidelines on how to file for divorce. We have covered a lot of things to let you know about the divorce case and how to file for divorce.
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Types Of Divorce As Your Options
Divorce may come in different forms and it is important to know what is your issue about divorce. Divorce can be easy and complicated as well and it depends on your reality. So we have covered the most common types of divorce and you must know before file divorce case.
No-Fault Divorce
No-fault divorce highly explains that both spouses filing for divorce have no fault or they don’t have to prove any fault at the court. This is an easier process of termination of marital status without any hassle between the spouse. More clearly, any spouse initiates the step of getting divorced under no fault divorce. A spouse does not have to go for the tough argument for proving the other’s fault.
A spouse may simply explain the reason for filing a divorce which is recognized by the state divorce law. Additionally, this divorce can be settled either in the court or outside of the court. It is simply a divorce in which irreconcilable differences stand for this divorce issue. California is the state where no-fault divorce law was initiated and it is now a very common practice in the United States of America.
Fault Divorce
When a spouse seeks others’ fault, then a divorce can be granted based on fault. There is a different type of faults which are identified by a spouse. Sexual intercourse is one of the big and main issues for a fault divorce. When a spouse does not respond to sexual demand by another spouse, then divorce is deemed as a solution for the painful life. Mental pain, emotional or physical pain can be another reason for the fault divorce.
A spouse may inflict another spouse often time and this may go for the unbearable condition. Then the court grants divorce from a guilty spouse when another spouse is proved as legally fault. Division of property, child custody, and other issues after divorce are fixed based on fault. A fault divorce is rare in all states as no-fault divorce is highly seen.
Contested Divorce
A contested divorce is one of the most complicated types of divorce. When there is no mutual understanding and cooperation between the plaintiff and defendants from the beginning, the court has to take a long time to go for the decision. In most cases, both spouses hire a divorce lawyer to proceed with the case as there are so many contentious issues such as child custody, the complex division of property and debts, and spousal support. Both spouses don’t agree on these issues as a spouse wants to divorce and get everything. this may go for a long time in the court. But when both spouses agree with the court’s mediation, then the case sees the light of the settlement.
Uncontested Divorce
When both couples are going to file divorce willingly, this is called an uncontested divorce. This divorce process also is called a peaceful one where a win-win approach is ensured for both parties. So spouses generally need to submit required papers and documents to the court separately to get a peaceful court decision. It is found that both couples don’t have to spend time on hearing, settlement negotiation, and other appearance as court procedures.
Arbitration
Arbitration is the form of settling any complex issue of the people by any professional. A lawyer may work as an arbitrator out of the court. When spouses want to get any solution on their divorce issue, they may go for arbitration. In this process, both of the spouses get a fair result and the arbitrator also works in the interest of both spouses.
Mediation
Mediation is the process to stay in an agreeable position. It is the form out of all process to get a divorce. Mediation is also arranged by a third party like arbitration. In the arbitration, the arbitrator makes a decision on divorce issues but in mediation, there may be a tough conversation between spouses where the mediator ensures a peaceful and well-formed environment to reach consensus and agreement.
So the aim of this agreement is that there is no need to go to court to continue the case but this agreement can be finalized in association with a judge.
Collaborative Divorce
Collaborative divorce is assistance from both spouses. When both spouses make the decision not to go to court, then the collaborative divorce can be another option. Both spouses may hire an attorney who may work based on collaborative law. Both spouses may sign an agreement in association with the lawyer.
The lawyer helps them sign an agreement so that they can work together to get a successful divorce. When the spouse has any issue with the agreement, the lawyer dismisses the case where the spouses may start again from the beginning.
Default divorce
A default divorce is one of the simple ones as this may be called a one-sided case at the court level. When the spouse file the divorce petition at the court, but the other spouse does not respond, then the case will default. After being the default, there is no need for the non-responded spouse to be present at the court.
Steps To Take Before File For A Divorce
Before filing a divorce, you need to do a few things which are most important to go accurately in the entire process of divorce. This can equip you to be ready legally to respond to the court. So you don’t forget to do before filing for a divorce.
Consult a lawyer
A lawyer is a person who deals with divorce. He has vast know knowledge of the complicacy of divorce cases. When you will consult with the divorce lawyer, you can know the entire process and steps of the divorce case. This can add up a clear picture of the divorce process which can be so easy to go at the court level.
Besides, the lawyer can understand your points and opportunities of the divorce case in case you want to proceed through the court. The professional lawyers arrange free consultation for divorce case and you should get this opportunity to get ideas on filing for divorce.
Arrange your finances
Surely divorce case is related to financial matters. When you want a divorce, you need to work with the financial issues. There are so many financial issues such as assets and debts, personal investment, tax returns, property deeds, insurance policies, apartment, and car. You need to update these documents so that there are no fraudulent activities here.
There may be also a court decision on these issues and you should arrange the copies of these documents for any appearance at the court for submission. More importantly, you need to keep these documents in the safest place so that any miscreants don’t do any harm or steal these documents somehow.
Keep your divorce issue secret
Even if you are under mental pressure with your life. For this, divorce may be inevitable and you want divorce anyhow. This is an issue that should not be shared with everyone. When a divorce goes to court, then privacy is important for getting a court verdict on behalf of you. But sharing this and disclosing the privacy of divorce case may make you lose at the court. Some so many people may get important information from you which may go against you at the court.
Avoid another relationship
When you are not feeling good with your spouse, you may go for another relationship. You need to settle divorce at first in case you see this can be good for your life. But jumping into another relationship can be a big issue in the divorce case. So you should avoid it anyhow.
Steps To Follow On How To File For Divorce
When you see the divorce is inevitable for your life, you should follow the step by step guidelines to complete the divorce process. These steps are so important to file for divorce effectively.
Filling your forms
There are some forms to get a divorce that you need to fill. When you are filing these forms at the court, you should be cool to provide information that should be accurate and authentic.
Summons: this is an important paper that you need to fill up. The aim of this form is that you are filing a divorce case at the court and it notifies your spouse to appear in the court with the documents from the spouse’s side. There are some issues in this summon paper such as property like assets and debts, joint children and your spouse will have no permission to get a passport if your spouse has no consent.
Petition: this is a paper in which you should provide related information on your marriage. This paper also explains why you are at the court and what you want through the case process by the order of the court.
Child custody and visiting policies: this form comes when the spouse have minor children. Surely the court will order the child custody rights for the spouse and the court will do what is better for the children. When you want the right in line with the court order, you may explain details on the custody and scheduled to visit the children.
Check out the forms
After filling up the forms, it is important to make sure that the information provided on the forms is correct and authentic. In court, you may not win in case you provide any incorrect information. More importantly, you may be fined due to the falsification of information. So you take time to check and recheck the forms over and over again before submitting them to the courts. To be more correct and complete from your side, you may hire a divorce lawyer to make sure your step of getting a divorce is in the right way.
File the forms with the court clerk
When you have completed checking the forms, it is important to find out the clerks of the court in your county. The clerk will help you with how to submit the forms and in which county you should submit these forms. In case you need any temporary order from the court, you may need to fill up additional forms such as child custody, spousal support, bill payments, and protection in case you feel unsecured from any domestic violence.
Serving your forms
The court then will inform your spouse of your divorce process and you have started the divorce process. Your spouse will get all copies of the papers that you have filled up and submitted. This can be done by personal service or certified mail. Certified mail can be used to notify your spouse in case your spouse is not living in the state where you submitted your divorce case.
It is important to make sure that your spouse has been served with the copies of papers of the divorce case. For the means of personal service, there are Sherriff, your friend, or any relative. After that, your spouse should fill up the service copy of getting those papers. You need this proof of service copy to be submitted to the court to make sure your spouse has been served with the divorce case proceedings.
The response of your spouse
After serving the forms submitted at the court, your spouse will have 30 days or more to respond or reply to your case proceedings. There are more options than your spouse may pursue in the divorce case. Your spouse may have no option to respond to the case in case it is considered as default. This may let your case continue without your spouse. More importantly, your spouse may hire an attorney to file a response on agreement or disagreement of the divorce according to the terms of the divorce.
Financial disclosure
Financial issues are highly related to a divorce case. When both spouses were together, they acquired different assets and debts. So you may provide written information on these issues according to the divorce law. Generally, it is done within 60 days after filing the petition. In general, this information may be sent via mail or someone can send it appointed by you. So there is a disclosure form and you need to fill out to send to your spouse.
Make sure your divorce
It is the last step to make sure your divorce. The case becomes so easy and short term when your spouse does not respond to your petition. Then the court may go for a decision in favor of you. But your spouse may also respond to what you wanted through case filing. Then there is an agreement between you and your spouse.
In this agreement, there is a decision on the division of property, child custody issue, spousal support, and many other things as per court order. After that, there are final forms to be filled up to make sure you are going to get the final judgment from the court. In the case of the contest by your spouse, you should go for mediation to settle the divorce case.
Ways To File For A Divorce With No Money
When you have money enough to hire an attorney, this can be awesome. but you may not have money but need a divorce lawyer. You can do that without paying money to the lawyer. Here are some ways on how to file for divorce with no money.
File for a fee waiver
Surely you have to arrange all types of information to provide for the forms of the court. But there is a fee for the forms for submission at the court. When you don’t have money, you may avail the divorce fee waiver. You need to know that your state has a policy of indigent divorce and fee waiver procedure. This ensures no money will be paid at the court as fees associated with a divorce case. This opportunity is not for all people. Those who are financially wrecked can avail of this fee waiver.
Seek help from legal aid Society
Legal aid society works for people with low income. When you have a low income and need a divorce lawyer, you may get help from a legal aid society. Many volunteers lawyer work under this legal aid society and provide all types of legal assistance for the people who don’t afford to go with a divorce case. So you may contact the city or state bar association where you can get a volunteer lawyer and they can work without money.
Research tools and opportunities at your location
Even if there is a local bar association where you can get a free divorce lawyer, you may also research more tools at your location. For this, you may seek it online. Then you can get possible ways to proceed with the divorce case with no money.
Get help from a paralegal
Paralegals are the professionals who draft different types of legal documents. It is good news that many states allow this paralegal and you can hire a qualified paralegal to proceed with the divorce case by yourself. To get help from them, you may pay a little amount of money. But you need to make sure that these paralegals are authorized in your state.
People also ask
Divorce is a complicated issue to resolve and both of the spouses need to do the right thing right away. So there is vast information to know and you may also know some information on frequently asked questions.
What is the first thing to do when getting a divorce?
One should decide to go for a divorce attorney who can provide a free consultation at first without money. This consultation is important to get ideas on the entire process of the divorce. So there is a divorce lawyer near the bar association or state’s local court where you can get a free consultation on divorce issues. After that, one can decide on what to do and where to start the divorce process.
How do you get a divorce if you can’t afford it?
People are not the same in financial condition and one may not be solvent to proceed with the divorce. To settle the divorce case, a handsome amount of money is required to pay for the lawyer’s cost. But there is also an option to proceed with your divorce case without hiring an attorney or free divorce lawyer who can work for your case. More importantly, you will have the opportunity to represent and you can file for divorce yourself. You just need to fill up the forms at the state’s court. but there is no fee in case you don’t afford to pay these fees of filling up forms. For this, it is important to provide your financial status to make sure you don’t afford to go with these fees.
Where do I go to file for a divorce?
There are state courts and the court’s clerk office where you should approach at first. The clerk is the person who deals with all types of divorce-related documents. You should discuss with the clerk about your divorce to initiate. So you get all the forms and documents to fill up for filing a divorce. For this, you may provide relevant and authentic information on your financial status, marriage, and child in case you have. Besides, you may need to answer some questions required by the forms and documents. So you need to be ready with the information that you have to provide.
How long does a divorce take from start to finish?
The time to finish the divorce case depends on the complicacy of the divorce issue. This complicacy often comes from the division of assets and debts, custody battles, spousal support, and child support disputes. When both spouses don’t have enough assets, debts, children, and other things, the time may be shorter. On the other hand, a long-term marriage may acquire a lot of complicated issues that are settled through the divorce process. Then the time may be longer. More importantly, there is an issue of the agreement by both spouses. When both spouses reach a consensus, the divorce case becomes shorter. In this case, the time to finish the divorce case may take a few weeks to a few months. For example, an uncontested divorce may be settled within four to five weeks and this can go for a year.
Final Verdict
Divorce is not expected anyhow but it may come to the last point of your life when you cant tolerate it. Going in the right way can bring the right result. In case you make any wrong during filing for divorce, this can bring a court verdict against you.
So it is important to research and study well before filing a divorce case. So we hope that you can stay on the right way and you should get more information from an attorney to be ready with the divorce process.