Once the decision is made to file for divorce
Couples must move on to the next phase of preparation-the divorce procedure itself. There are certain steps that must be taken in order to start the divorce proceedings and to complete the entire process as quickly as possible.
Those steps are:
Step One: Filling the Divorce Forms. Whether or not both spouses want to end the marriage, one spouse should file an uncontested divorce request with the courts requesting the courts to terminate the marriage. The filling of the forms should include the following information: A statement that informs the court that one spouse meets all the state of residency requirements to be eligible for divorce. The spouse filing the request must also provide documentation certifying the residency of one spouse.
Steps Two: Identifying Spouse and Correcting Any Errors in Information. If you and your spouse are now able to meet in person, it is time to go through the divorce petition forms together and make any changes that are necessary. Spouses who are filing by mail may want to check the forms for any errors, especially when spouses have specific questions about how the forms work. After filing the divorce petition, spouses should immediately contact their attorneys for further assistance in correcting any errors.
Step Three: Finalizing the Divorce Process. Once the spouses have completed filling the divorce request and correcting any errors, they will be ready to submit their final arguments for termination of the marriage to the judge. It is important to remember that all court orders will have an expiration date, typically two to four months from the date of the filing of the divorce order. In some cases, the final divorce order may be approved and sent to the parties within a few weeks, while in other cases, the divorce proceedings could take many months.
Once the divorce petition has been submitted, the parties should send Certified Affirmative Answer forms to their respective courts. Certified Affirmative Answer forms are used to answer questions regarding specific aspects of the divorce, such as child support and spousal support. These forms are also used to respond to specific questions that the courts may have about the forms. Certified Affirmative Answer forms must be filed with the clerk of court in the county in which the divorce has been granted. Failure to file these forms will result in the defaulting of the divorce and removal of the former spouse from the home.
Step Four: Finalize the Custody and Property Division of the Divorce decree. If a divorce court allows a separation of property, the separation will determine who gets custody of which assets. The judge will make this decision after considering what is in the best interest of each spouse. If children are involved in the divorce proceedings, the judge will ask for a parenting plan. This plan details how the children will be cared for after the divorce, and any stipulations regarding visitation rights or child support.