Filing For Divorce Guide - Divorce Process Explained

Develop an overall divorce strategy before filing for divorce. Find a results-oriented divorce lawyer who will provide you with important protections for your property, custody, and family rights.

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Know Your State's Divorce Laws
Before filing for divorce you may want to consult with a divorce attorney to review your options about going forward with a divorce.

There are important matters concerning child custody, support, alimony and the division of marital assets that should be considered before actually filing divorce papers. The purpose of an overall divorce strategy is to ensure that you have properly protected your rights at an emotional time that often clouds the thinking of most couples.

The act of filing divorce papers is a mechanical process governed by state divorce laws. There are a variety of factors to consider when filing for divorce including residency (your residency, your spouse's residency and that of the marriage while intact), grounds for divorce and proper terminology (title of the action, legal description of the parties to the divorce).

Generally, in most states the filing of divorce papers is made in the county courthouse where you or your spouse reside. The divorce papers should properly refer to the court having jurisdiction (Superior Court, Court of Common Pleas) and the type of divorce being filed for (complaint for divorce, petition for dissolution of marriage).

There are sufficient resources, online and otherwise, to find the technical information and descriptions you need to prepare by yourself the proper documentation for filing a divorce. You do not necessarily need a divorce attorney for filing divorce papers. If you are developing a more comprehensive strategy with the aid of a divorce attorney, instructung your attorney to prepare and file your divorce papers can give you peace of mind at a destabilizing time in your life.

If you and your spouse are in agreement about an uncontested divorce, and your divorce is relatively simple in terms of minimal assets and no children, a set of divorce papers can be quickly prepared and filed. You may have a statutory waiting period for the divorce to take effect, but the cost of filing required papers is minimal, whether you use an attorney or a service with experience in filing for divorce in the residency of your marriage.

If you are filing divorce papers, it is important that your spouse be properly served with the papers in order to make the filing official. Otherwise, failure to show the divorce court proof of service will slow down the process. In most states, there is a summons that must be served on your spouse along with the underlying divorce papers.

 

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