How does divorce work? Well, no matter how you look at it, it is never easy. It can be a long, drawn out process and there may a lot of emotional upheaval on both sides. Unfortunately, due to the nature of the subject, it is almost impossible to avoid the ugly reality of divorce but there are ways that you can make it easier on yourself, including opting to file for an uncontested divorce.
To begin with, as laws vary from state to state, so the specific divorce process will be slightly different given those particular laws. That said, there are some things that generally hold true when it comes to filing for divorce. It is a legal process and it will involve a lot of paperwork, much jumping through hoops and, hopefully for everyone involved, conflict resolution.
The first step in considering how does divorce work is to file for a legal order of separation that allows you and your spouse to live separately while continuing to work through the steps to divorce. Filing for separation can be complicated in itself, particularly if a couple has children, as consideration has to be made for custody and living arrangements for the children.
Once you’ve separated, then you can focus on filing for divorce. This will mean consulting an family law professional and formally stating the reasons for the divorce. Once you’ve gotten your paperwork together, you file it with your local court clerk. The next step in the divorce process is to serve the petition to the other party, who may also hire an legal professional and fight for his or her rights if you cannot come to an agreement.
The court may issue a temporary divorce order, allowing for various conditions involving child custody and support and spousal support that must be adhered to until the final divorce decree is issued. So how does divorce work? At this point both parties enter into a period called “discovery” which is a nice way of saying that they each lay out their issues and demands and they work to come to a mutually agreeable conclusion, and if you’re in agreement this is much easier than if you have to litigate..
During discovery, the spouses may choose to work together or with a mediator or other family law professional, in order to work out their differences quickly and easily with as little hassle as possible, or they may end up going to court to hash things out. This is where opting to file for an uncontested divorce can make a real difference in the entire divorce process.
When filing for divorce, you must list the reasons for divorcing. Often this can lead to a lot of arguing or protracted legal proceedings. When considering the question how does divorce work, filing for an uncontested divorce, where neither spouse is held at fault, can make the entire process much easier on everyone involved.
There is no getting around the pain and heartache caused by divorce, but that doesn’t mean you need to draw them out. By following the proper steps in filing and, if you can, filing for an uncontested divorce, you can help to make the road a lot less bumpy. This is something that should be of particular interest to couples with children, as the quicker and easier you can make the process, the easier it will be on your kids.