Steps Involved in the Divorce Process

The decision to get a divorce is not one you can make lightly. Not only is your life going to change as you know it, but if children are involved, that adds another layer of complexity to the situation. Nonetheless, sometimes a divorce is the best option, while at other times, a divorce alternative makes the most sense. Regardless, you’ve made the decision to separate from your spouse in some capacity, and now you need to see it through. Continue reading to learn the steps involved in the divorce process.

Hire an attorney sooner rather than later

Assuming you’ve attempted to save your marriage by speaking with professional therapists, clergy, and close friends, your first step should be to get your own attorney. Of course, if you’re filing for divorce because of an unsafe or unhealthy living situation, it may be prudent to skip mediation, get out of the home, and move straight into hiring an attorney. Time is of the essence when finding an attorney, especially if you have a controlling spouse, as they’ll do everything in their power to hold up the process. Additionally, it’s not uncommon for a controlling spouse to attempt to hide assets so you don’t get the settlement you deserve. That’s why you must get an attorney involved as soon as possible; otherwise, you could lose out on assets that are rightfully yours.

Ask for temporary orders if necessary

Depending on your situation, you may or may not need what’s known as a temporary order. A temporary order could include anything from a restraining order to child support. Temporary order possibilities can vary widely state-by-state, so discuss options with your attorney. However, if the decision to divorce is mutual, you could omit temporary orders and wait until your hearings.

Serving your spouse

If the dissolution of marriage was a mutual decision, serving your spouse isn’t an intimidating process. However, if your spouse doesn’t know that you want a divorce, serving the divorce papers can take a different route. In fact, if you’ve already moved out, some individuals choose to have someone else deliver the summons papers. However you decide to go about it, someone must deliver the papers and summon your spouse to court. Your attorney will help you draft the summons papers, as this document usually includes the grounds for divorce, your requested division of assets, and more. Your attorney will ensure you’re making reasonable and realistic requests and not speaking purely out of emotion.

Gathering information

You can begin gathering documents and information as early as you know you want a divorce, and ideally, you should. However, people are often surprised by how many documents they need. First and foremost, you’ll need both parties’ basic information such as social security numbers, birth certificates, birthdays, and addresses. You’ll also need all this information for your children, if applicable. Additionally, you will need several financial documents, including but not limited to employment history, pay stubs, investment accounts, bank statements, and completed tax files. You should have a record of all debts, including credit card information, statements, loans, and mortgage. If you have a copy or can obtain a copy, you should have your mortgage application as well. That way, your attorney can best understand the terms when proposing a division of assets and debts.