If you have come to the parting of the ways with your spouse whether this is something that you really desire or if you know it what you must do, you must go about the divorce proceedings in the proper manner. There are things you must do in order to have a legal and binding divorce even if you both agree on the divorce, the division of property, child custody, and child support. The best way in which to learn about the proceedings and what will be expected from both of you is to hire an attorney with expertise in divorce law. You can usually find a lawyer for your divorce by searching for family law attorneys.
The next step is to file the petition of divorce. You will have to file these papers with the circuit court or superior court in the county or the district in which you live. An attorney can and will file these for you if you desire or guide you in the right direction for filing these papers. You can also call the local courthouse to learn how and where to file the petition.
Irreconcilable differences
You will have to make a decision on the type of divorce you will be filing for such as no-fault divorce. In many states, this is also referred to as irreconcilable differences. However, if you do want a reason listed as grounds for your divorce now is the time to put that into writing. The grounds for divorce states that one person over the other is responsible for the failure of the marriage.
If you both agree, either one of you can file the petition. In some cases, one person desires a divorce whereas the other person does not want the divorce. Then it may be difficult to get the one that does not want the divorce to file the petition. This could be a good reason to hire an attorney especially in the cases where one person is blaming the other for the failed marriage. There can be issues arise that you might need the advise of an attorney before proceeding.
Costody of children
If there are children in the home, one parent must also file for temporary custody and support at the same time. Once again, if you are bickering on this issue, it would be best to talk with a counselor or a family law attorney before making this decision or you will have major problems when your case goes to court.
When the papers are served to the spouse, be sure that you receive a copy that shows proof that he/she received the petition for divorce or that his/her attorney received a copy. Have the papers served to your soon to be ex-spouse at his/her place of residence instead of at work.
Remember, even if you both agree to the divorce and all aspects of the proceedings, divorce can be hard on everyone including children, other family members, and those that are friends with both of you.
