How To File For Divorce

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Divorce is governed by individual state law rather than the Federal Law. Also known as dissolution of marriage, it is a legal procedure which involves termination of marriage by a judge or other authority. This process restores the individuals to a single status and allows them to marry other individuals. Other matters involved in divorce proceedings include; child support and custody, property distribution, spousal support, and division of debt.

Below is how you go about in filing for a divorce under the law

What are your grounds for divorce?

For you to start filling a divorce, you will need to be clear on the grounds for your divorce. These are the circumstances under which you will be granted a divorce. Each state has its individual sets of divorce grounds. You should provide a well-founded reason as to why you are terminating your marriage at a divorce trial. Many states require a couple to have lived apart for several months for them to be granted a divorce. However, in many states, living apart cannot be termed as a divorce ground.

Familiarize yourself with the state laws

Familiarize yourself with the state laws so that you are in a position to determine its requirements. Different states have varying laws as far as divorce is concerned, and therefore you need to be sure of how the law of certain states operates. Depending on the state laws, you will know where to file or start the divorce process. Normally, you may choose to file the divorce in the country where you lived before separation, where your spouse lives or where you live in case you no longer live in the same state.

Present your complaint or petition to your court

You could choose to present it yourself or your attorney in case you decided to hire one. Depending on the state, a complaint or petition is the main document you are required to file with the court. It is a formal way of asking the court to officially end your marriage. If your state uses complaints, the names of the parties will be defendant and plaintiff, whereas for petitions the party names will be respondent and petitioner. The petitioner and the plaintiff refer to the person who is filing for the divorce.

Notify your spouse about the divorce

A divorce can only be granted if you provide your spouse with a notice informing them that you have filed for a divorce. You may choose to hand over the divorce petition or complaint to the other party in person (referred to as personal service) or choose other service forms depending on what your state allows you to. After serving them with a petition or complaint, they are given some time to respond to it. After your spouse responds to it, and it is stamped and given a case number, the court sets a date for hearing of your case.