What the Divorce Process Actually Looks Like in Practice

Over 700,000 American couples got divorced in 2019. If your marriage is on the rocks, it may be time to pull the plug.

But, how does getting a divorce work? Read on to learn all about what you need to know about the divorce process.

The Divorce Process Differs by State

Depending on where you are, the divorce process can be very different. There may be different waiting periods, and you may have to list different things as the cost of divorce.

Most states have both fault and no-fault divorces available. Fault divorces are divorces where one spouse does an action or exhibits behavior that leads to the end of the marriage. Adultery is one common ground for a fault divorce.

No-fault divorces are divorces where you don’t need to prove that any party did something that caused the divorce. A common stated cause for these divorces is irreconcilable differences.

Starting a Divorce

To start a divorce, you’ll need to serve a divorce petition. One spouse will have to serve the other. If both parties agree to the divorce, this can be an easier process. But, if one spouse doesn’t want to get divorced, it can be a lot more difficult.

Know What Needs to Be Settled

Getting divorced isn’t just a matter of dissolving a marriage. There are lots of things that need to be settled. Child support and custody is one major factor to consider if there are children involved.

The division of assets and property need to be evaluated. Alimony is another thing that may come up. Your divorce may take more time depending on how complex your assets are and what other aspects need to be considered.

The Types of Divorce

Depending on the type of divorce you’re having, you may have different legal requirements.

An uncontested divorce is one of the simpler options. This is where both parties agree to all the different things involved up front. Amicable Divorce can help you with your uncontested divorce.

A default divorce is what happens when one spouse doesn’t respond to the divorce petition. If a spouse can’t be found, a judge can still grant the divorce if you go through the rest of the process. 

There are also contested divorces. These divorces are ones where the involved spouses can’t agree on some of the terms that need settling.

Mediated divorces, collaborative divorces, and divorce arbitration are all forms of divorce where third parties are brought in to help you resolve your differences. These can make it easier to settle your divorce, but there can also be drawbacks based on the method you choose.

Understand the Divorce Process Today

Now that you understand the divorce process, you’ll be able to navigate it effectively. So, if you think you might be interested in a divorce, it’s time to sit down with a lawyer and talk about your options.

Do you need more legal tips? Take a look at a few of our other helpful articles.

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