When the time comes for a couple to divorce, it’s not an easy one. Even settling on the idea of divorce is one that takes a lot of time and thought. It should not be a decision that’s taken lightly, after all a legal marriage will end. There are many reasons a couple may need a divorce. From simply falling out of love, infidelity accusations and sometimes even more sinister reasoning. Whatever the reason, legally separating from someone you once loved will never be easy. It’s a big life change, especially if the marriage has exceeded 10 years. So, what steps do you need to follow when filing for a divorce?
The first step to going through a divorce is to file the divorce papers. This documentation tells the local authorities that you would no longer like to be legally conjoined with a partner. Depending on where you live, divorce filing procedures can vary. If in the states, each state can have different requirements for filing. If in Britain, that process may also vary, however it’s usually the same process across all the countries. Filing is not something you can do on your own, however. Usually, you’d have to speak to a divorce lawyer who can file the paperwork for you. This ensures the paperwork is filed legally so that the divorce process can start.
Selecting your divorce type
Divorce is not one simple process. There are actually multiple types of divorce. In fact, there are between nine and ten types of legal separation, depending on where you live. The type of divorce depends on the type of separation. If the separation is amicable, then an uncontested divorce is common. This is the least stressful divorce process and the couple divorcing can resolve any issues with ease. This means discussing childcare and custody as well as splitting assets. For couples who may not have been married for long enough, there is an annulment process, which totally irradicates the divorce or there is a summary divorce process, which is for couples who have been married for less than five years. If a divorce has been processed but one party fails to respond or sign any paperwork, then the other party is often granted a default divorce. One of the most common divorce types is the contested divorce, this is when neither party can agree on a resolution. These types of divorces can take years to complete and are often very expensive. Whether it’s deciding on custody of children or the division of property, it’s not going to be an easy ride. Other types of divorces apply to more particular circumstances but an divorce lawyer can explain different circumstances when filing for the divorce.
Negotiations and settlements
Any married couple is likely to have some assets between them. Usually, a house and the interior of the house belong both parties, except for a few items. When negotiations begin, either party can put forward their desire for certain item and request what they want. For some couples, this comes naturally, and the division of assets can be pretty simple. Some even sell everything they own, even property, and split the earnings to make everything completely fair. This is often a settlement of some sort so that the whole process is over as quickly as possible and is as simple as possible too. Or one party may just agree to whatever the other party would like, also settling pretty quickly. Other couples don’t follow that route and they can dispute certain items they would like. This is often common in contested divorces. Once assets are settled, negotiating custody is the next step. Each parent is different and will require different circumstances, but this separation commonly leads to joint custody of a child. If the marital home is not sold, whoever gets custody of the children usually keeps the home, causing less disruption for any children.
Not every divorce needs to go to trial. Trials only happen if a couple cannot agree during the negotiations. In this case, a judge will decide who gets what. From dividing assets to custody of children and pets, if the couple cannot decide, the decision will be taken from them. The judge makes their decision based on all the facts provided by the couple.
This is the end of the divorce. Everything has been settled and signed and soon enough, the couple will be legally separated. If divorcing via lawyers, this process often includes paperwork and signatures. If going to trial, a judge can finalize the divorce. For some couples, this finalization is a sense of relief, but it can also be a quite a sad and emotional time too. Some even have to go to therapy to overcome the emotional trauma a divorce may have. Once the paperwork has been finalized, there’s really nothing else to fight over and a couple can go their separate ways.