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November 06, 2009 8:04 AM
By
Doug
Getting a divorce can be a very traumatic experience. It is a
difficult thing to deal with, even if both spouses are amicable. If you
have made the decision to dissolve your marriage, it’s important that
you know the steps involved in getting a divorce. You also need to know
how to find a good divorce lawyer. You probably want the divorce to be
over and done with as soon as possible. But it’s important that you
realize that a divorce takes time and money.
How to get a divorce 1) Making decisions.
Before you legally file for divorce, you’re going to need to make some
important decisions. What grounds will you be stating for divorce? The
most common grounds for divorce are irreconcilable differences,
followed by mental cruelty and physical cruelty. In many states, you
can get a no-fault divorce. This states that one spouse cannot prove
the other spouse did anything wrong. You’ll also need to make decisions
about the custody and visitation of your children (if any). Other
topics to consider are what property you want, which debts you will pay
and what child support you will need.
2) File divorce forms.
Once you’ve made these decisions, it’s time to file your divorce forms.
Each state has different forms, so it’s important to use the help of a
divorce lawyer. They will help you select the forms you need to fill
out. Your divorce lawyer will also help you complete forms fully and
accurately. If you do not spell out your desires fully, you may not get
what you are asking for.
3) Discuss the divorce with your spouse.
If you have not told your spouse about your desire for a divorce
already, now is the time. You will need to present your spouse with a
copy of your divorce papers. If they agree to the terms of the divorce
and waive being served, then they will need to sign and notarize the
forms. (If they do this, skip to step five). If they do not agree to
the divorce terms as you have specified and do not sign the forms, you
will need to serve them the divorce papers.
4) Serving divorce papers to your spouse.
After you have served your spouse divorce papers, they have 30 days to
file a response. If they do not file a response in that timeframe, then
you need to request a hearing. If they do file a response, then you can
request a hearing immediately upon their filing of the response. If it
appears from your spouse’s filing that they have a divorce attorney,
and you do not, it is important that you get one. You will not be able
to represent yourself adequately against a divorce attorney. That means
you will most likely end up on the losing end of the divorce.
5) Divorce hearing.
A divorce hearing is when you and your spouse, along with your
attorneys, meet before a judge to present your divorce case. It’s
important that you make sure you have all of the paperwork from your
divorce with you. You should also have any evidence needed for the
grounds for your divorce. You may even want to write out statements on
child custody/visitation, spousal support, etc. This will ensure that
you do not forget anything when testifying to the judge.
6) Ending the divorce process.
After your hearing, the judge will make a decision on your divorce
terms. There will be more forms to file. There is usually a waiting
period between the judgment and the day your divorce is legally final.
Divorce Mediation This
is a simplified version of the divorce process. It does not cover any
divorce mediation that may need to take place between spouses who
cannot agree on their terms. If you and your spouse are not getting
anywhere with the mediation process, consider hiring a divorce mediator
to help you make these decisions. Often your attorneys will not be able
to do the mediation. They are, after all, looking out for your best
interests. A separate divorce mediation officer tries to make things
work for both parties. They look to the overall success of the divorce
mediation process.
Finding a good divorce lawyer It’s
always a good idea to use a lawyer who specializes in divorce. While it
is possible to do some divorces on your own, if your spouse has hired a
lawyer, you will also need one. If the divorce is contested or there
are issues between you and your spouse, a good divorce lawyer is a
necessity. They will make sure that you know and understand your legal
rights. They will fight for your best interests in mediation and in
court.
But finding a good divorce lawyer isn’t easy. There are
many divorce lawyers out there – some are great, and some are not so
great. So how do you find a good divorce lawyer who will understand
you, make you feel comfortable, and get you the divorce terms you
deserve?
- Shop around. Do not look up
the first divorce attorney in the phone book and call it good. Use
resources such as phone books and Internet lawyer databases. Also, make
sure to ask around. Chances are you have a friend or family member who
has recently been through a divorce. They can give you a recommendation.
- Interview divorce lawyers. Once again, it’s
important to not just pick the first lawyer on your list or go with a
friend’s recommended. While that lawyer might have been good for your
friend, they might not be best for you. Make a list of questions and
visit with each divorce lawyer on your list. Here are some potential
questions
- What are your fees?
- Will I be required to pay a retainer?
- Will you handle my case or will you pass it on to a junior associate?
- Present your goals. Lay out your divorce terms so
the lawyer can see what your goals are. This will help you determine
which lawyers think your terms are attainable and which ones may not be
able to get you what you want.
- Look at a fee agreement. You will probably receive
a fee agreement that states what the fees will be for the lawyer to
handle your case. By signing this agreement, you are contractually
binding yourself to this divorce attorney for the duration of your
divorce case. Do not feel rushed or forced into signing this document.
If you have other lawyers to interview, don’t be afraid to say that
you’re not ready to make a decision. You always have the option to
contact them later.
- Make a decision. Now that you’ve done your
homework, it’s time to make a decision. The divorce lawyer you select
should be one you feel comfortable with. They should think that your
divorce terms are attainable, be within your budget, and have a good
reputation. Once you’ve decided, you can sign the fee agreement. At
this time, it’s a good idea to call the other divorce lawyers to let
them know that you won’t need their services.
While divorce is a difficult thing to go through, it doesn’t have to
be confusing or overwhelming. Educate yourself on how to get a divorce
and find a good divorce lawyer. This will arm you with the tools you
need to make it through this difficult time in your life.
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