Divorce Filing Process

When people go to consult with a lawyer about divorce, they often arrive unsure of the future and how to protect their best interests during this time. It is understandable that you would feel uncertain and in need of a legal professional who can support you every step of the way. In fact, most lawyers would probably suggest getting assistance from a lawyer even before a divorce petition has been filed. If you sense that something isn’t quite right in your marriage and want to safeguard your assets, consulting with a lawyer is the strategic choice.

There are common questions that clients seeking divorce legal guidance tend to have, and they have been listed and answered below:

What does it mean to have a “no-fault” divorce?

Traditionally, the only way that you could get a divorce was if you could prove that your spouse did something that would be recognized as a legitimate reason for separation. So basically, you could not just one day walk into the county clerk office and say you want a divorce from your husband or wife. There will have to be proof shown as to why divorce should end. The most frequent reasons were insanity, spousal abuse, adultery, or being sentenced to prison.

Thankfully, times have started to change where this evidence of fault is no longer necessary. No-faults divorce laws have been enacted so that if just one person wishes to step out of the marriage, they are able to do so.

If both my spouse and I agree that divorce is best, does that help?

In a situation where both spouses agree that divorce is the right choice, then it can help the divorce process go more smoothly. This would be referred to as an “uncontested divorce”, where both spouses do not have opposition to the divorce proceeding further. Both parties would agree to terms of the divorce settlement, including going over topics such as spousal support, debt division, property, alimony, division of assets, and more. 

What is the overall process of a divorce?

Filing for divorce often includes filing a petition to your local county court or clerk, depending what state you live in. Some states may call this a dissolution of marriage or divorce. A copy of your petition or complaint is delivered to your spouse, usually from a process server or sheriff’s office. Your spouse will then have a certain period of time to respond. Where the process of divorce goes from there depends on whether the two spouses go about the separation cordially or with relentless disputes. 

So all in all, it can benefit you to see a lawyer if you anticipate divorce happening to your marriage. A lawyer is going to advocate for you, answer questions, address concerns, and protect your best interests. Consider speaking with a reputable divorce lawyer, such as from The McKinney Law Group, for a consultation!