Legal Steps to Ensure a Smooth Divorce Process

Only 59% of first marriages last forever. The remaining 41% divorce at some point.

These statistics mean that 1 in 2 couples who tie the knot will eventually split. That’s quite a significant number, but guess what…

There is an even more important and scaring truth:

Most people make their divorce unnecessarily difficult.

If you want your divorce to run as smoothly as possible, you must complete all legal formalities. You must know what papers to prepare and how to handle all the court procedures. By understanding the process and taking the right steps, resolving a divorce can go as smoothly as it possibly can. Otherwise, you’re likely to make rookie mistakes and find yourself dealing with the same issues over and over.

In this article, we are going to show you the 10 critical legal steps you must take to secure your rights during divorce. This way, your divorce will go as smoothly as it possibly can.

What You’ll Learn:

• The Divorce Filing Process
• Documents You Must Prepare
• Negotiation & Settlement
• Trial
• Decree Absolute
• Modifications

Meet the State’s Requirements First

Divorce laws vary in each state, so before you start, ensure you’re eligible to file in your jurisdiction.

To determine this, you should meet the following requirements:

• Residency. In order to file for divorce, you must be a resident of the state where you plan to file. Most states require that you have lived in the state for at least six months, while some demand up to a year. Additionally, some states require a period of separation before you are allowed to file for divorce.
• Grounds for Divorce. Check whether your state is a “no-fault” or “fault” divorce state. In a “fault” state, you must prove that your spouse did something wrong to the marriage, while in a “no-fault” state, you do not need to prove anything. The good news is that all 50 states now allow for no-fault divorce.

Get All Financial Documents Together

Did you know that the most important part of a divorce process is its preparation?

Neglecting your preparation stage is the mistake many people make.

Before filing for a divorce, both spouses must collect all financial information.

Documents that should be obtained include:

• Tax returns (past 3-5 years)
• Bank and credit union account statements
• Real estate deeds and mortgage statements
• Credit card and loan statements
• Pay stubs and employment records
• Retirement account statements
• Business valuations (if applicable)

Have all the documents gathered by the time of the filing.

Note that you should do it regardless of who manages the money in the family.

Otherwise, it will be difficult to collect all the papers later if the divorce has started and the marriage is getting more and more hostile.

File the Petition for Divorce

After checking that you meet the state’s requirements and gathering all financial records, you should now file the divorce petition.

A petition is a legal form filed with the court that officially starts the divorce process.

The divorce petition must contain:

• Names of both spouses and the children (if any)
• The grounds for the divorce, or “fault,” which will be decided at this point
• Requests for the division of marital property, child custody and support

This document is then filed with the court in the county where the spouses or the defendant resides.

If you were married in a different state, it would not matter because you must file the petition in the state of the current residency.

The Petition for Divorce must be officially served to the spouse, and he or she should get proof of receiving the document, thus receiving a notification of the filing.

Respond to the Divorce Petition (If You Are Served)

If you are served the divorce papers, you must respond to the Petition within the specified time, which is usually 20 to 30 days, but can vary from state to state.

Your response can be either an agreement or a denial of your spouse’s claims.

Note that if you fail to respond to your spouse’s Petition, the court will grant a divorce in your spouse’s favor automatically. This is known as a “default judgment” of divorce and can be a real issue.

Request Temporary Orders

Divorce can take some time.

According to current divorce statistics, a contested divorce, that is, one which goes to trial, can last an average of 18 months.

The process can be less if you are both willing to cooperate and agree on a settlement. However, there is always a risk that one spouse can be capricious and difficult, so it is better to be prepared for the long haul.

This is where temporary orders come in handy.

Temporary orders establish the guidelines during the divorce process.

You can request temporary orders for the following:

• Child custody and parenting time
• Child support
• Spousal support
• Use of the marital home, cars, and payment of other expenses.

Temporary orders stay in place until the divorce is final and both parties have a predictable and stable situation.

Exchange Financial Disclosures

Another important step, which is most often skipped by men, is the exchange of financial disclosures.

Financial disclosures are required in all divorces, and this is where both spouses exchange and review all the financial documents.

This process is also known as financial discovery.

The financial affidavit, that is, a form that both spouses fill out, is a complete financial disclosure.

Disclosure can also be required by the judge for determining:

• The division of marital property
• Award of spousal support (alimony)
• Child support amounts

Negotiate a Settlement

Did you know that the overwhelming majority of divorces are solved with a settlement?

Settlement refers to an agreement that the divorcing spouses sign.

If both spouses want the divorce to go smoothly, they should be ready to negotiate and seek a settlement.

Divorce negotiation or mediation usually covers the following issues:

• Division of property and debts
• Spousal support (alimony)
• Child custody and visitation
• Child support

Attending mediation is usually required by the court, and the main advantage of mediation is that you have full control of the outcome and negotiate with your ex-spouse in the presence of a third, neutral party.

Go to Trial

As we said above, only 5-10% of divorce cases reach trial, but it happens.

Trial can be either a jury trial or a bench trial, the main difference being that in the jury trial, the decision is made by the jury and the judge, whereas, in a bench trial, only a judge can decide the case.

Trial usually lasts several days, or weeks if the issues are complicated.

During the trial, both parties present their evidence to the judge.

The evidence can be as follows:

• Witness testimonies
• Financial documents and expert testimonies
• Evidence of custody and parenting skills

Once both parties present their evidence, the judge will take some time to decide and make the necessary calculations.

The judge will then order both parties to receive a final decree of divorce.

Receive Your Divorce Decree

Final divorce decree is the document, which officially dissolves the marriage.

The divorce decree includes:

• Orders for property division
• Child custody and visitation arrangements
• Child support amounts
• Spousal support (alimony), if any.

The divorce decree should be studied and approved by both parties before being sent to the court for official recording.

Modify the Decree (If Necessary)

The last legal step is to modify the decree if necessary.

Modifications are changes in child support, custody, and visitation, alimony, or property division. Changes in these areas can be made only if the parties agree on the terms or by a court order.

Modifications are usually required when there is a change in circumstances of one or both parties.

Summary

Taking the right legal steps for divorce is essential to avoid complications, minimize stress and get a fair divorce settlement.

In this article, we showed you the most important legal steps you must follow to have your divorce go as smooth as possible.

The best way to avoid problems in your divorce is to be prepared, to document everything and take all the necessary actions at the right time.

This information should serve as a solid basis on which to go forward.

Need Legal Help?

Don’t hesitate to contact a qualified divorce attorney and to use your friends’ and family’s support when navigating divorce.