Divorce Process Lawyers

A dissolution of marriage is a legal process that ends the marital rights and responsibilities between spouses. It will substantially affect your financial and personal life. Issues commonly found in a dissolution case are grounds for dissolution, classification and division of assets of the spouses, ongoing obligations to provide for a spouse after dissolution, the welfare of any children of the marriage, and tax consequences. These materials are intended for uncontested matters without complex issues.

The spouse who begins the dissolution case is named the petitioner. The spouse on the other side is known as the respondent. The petitioner has to inform the court in a written “petition” what the case is about, who the case is against, and what outcome (known as a relief) is desired. This usually includes a request for dissolution along with the division of property, child custody, and child support. The “petition” needs to be complete and include certain information required by law. All states have the petition available on their website to make the process easier for you.

Moreover, the petition must be verified before it can be filed. The petitioner must swear to or affirm the truth of the facts in the petition and sign the petition under oath before a notary public.

A Petition for Dissolution of Marriage form should be filed in the county in which either the petitioner or respondent resides. Filing fees vary depending on the type of case. The court will require detailed financial information for the judge to determine if fees should be waived.

For instance, under Missouri law, when a child is born to a woman while she is married or within 300 days after the termination of marriage, her spouse is presumed to be the legal father. A petition may be filed requesting the court to decide whether the spouse is not the biological father or legal parent of the child or children born during the marriage.

What are the Steps in Filing for Divorce?

Divorce laws differ by state; here are the basic steps:

• First, you must meet the residency requirements of the state in which you wish to file;
• Second, you must have a legally acceptable reason (“ground”) to terminate your marriage. The grounds can be fault-based (such as adultery or cruel treatment) or no-fault-based. The most common no-fault divorce ground is often called “irreconcilable differences,” an “irretrievable breakdown” of the marriage, or something similar;
• Third, you must file divorce papers and have copies served on your spouse;
• Fourth, how the divorce goes forward will depend on whether your spouse agrees to the divorce and whether or not your spouse responds to the divorce complaint once it is served upon them.

For instance, if your spouse agrees with everything in the divorce papers, they should sign the papers and send them back to you and the court. This is called an “uncontested divorce.” However, If there is the property that needs to be divided, if custody of children is an issue, or if you need financial support from your spouse, you will have to agree on those issues in an out-of-court settlement in order to have an uncontested divorce.

Moreover, when there are children in the marriage, some states mandate that custody be decided as part of the divorce. Therefore, in those states, you cannot get an uncontested divorce if you cannot agree upon a custody arrangement. If a certain period of time passes and your spouse does not sign the papers or file any papers of their own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about the length of the proceedings in your particular divorce case. Also, your spouse needs to answer the divorce papers before you can continue with the divorce.

Lastly, if your spouse disagrees with anything in the divorce papers, your spouse will then have the opportunity to file papers telling their side and asking for the outcome they want. This is referred to as a “contested divorce.” Even if your spouse agrees that they want to end the marriage, disagreement on property, finances, custody or other issues means you may have to attend a series of court appearances to have a judge decide those issues.

What Documents are Needed to File for a Divorce?

Here is a description of some of the important documents needed to file for a divorce:

• Your federal, state, and local tax returns for the last three to five years give your lawyer, and the court an indication of what your family’s income has been. If a spouse has income because of commissions or bonuses, having multiple years of earning history is critical;
• Business tax returns if either you and/or your spouse own a business, preferably for the past five years. This includes any business entities in which there is only a partial interest or other partners;
• Proof of income for both spouses (W-2, 1099, pay stub, bank statement with direct deposit, etc.);
• Stock options that you and/or your spouse have as a result of your employment;
• Employment contracts for both spouses;
• Benefits statements for both spouses;
• Statements for all your accounts. This includes checking, savings, mutual funds, brokerage accounts, and cryptocurrency accounts;
• Certificates of deposits;
• Your and your spouse’s 401(k), 403(b) statements/retirement account statements
• List of major personal property (Include anything of significant value, such as jewelry, artwork, equipment, furnishings, high-end clothing, etc.);
• Credit Card Statements; and
• Health insurance policies for both you and your spouse.

How Do I Hire a Divorce Lawyer?

A person seeking to obtain a divorce is not required to obtain the services of a lawyer, but lawyers commonly are employed. When deciding whether to hire a lawyer, remember that staff in the Clerk’s Office cannot provide legal advice. Each person involved in a divorce suit should obtain independent legal advice.

For instance, if you choose to represent yourself, you will be expected to follow the same procedures as an attorney. If you are unable to hire a lawyer, visit the local State Bar’s Resource website for the Public. This has information about finding a lawyer. For instance, in Wyoming, a divorce is a way of legally terminating a marriage. Below is an overview of Wyoming divorce procedures. and what a divorce judgment will legally decide:

• The date your marriage ends;
• Who obtains the custody of the children and when the other parent sees them;
• Who pays child support and how much;
• Who will pay health insurance for the children;
• Who should pay past bills;
• How property (including retirement benefits and home) will be divided;
• Whether one spouse will pay spousal support (alimony) to the other and;
• It can also restore the wife’s maiden name if she chooses to do so.

When Do I Need to Contact a Lawyer?

If you are seeking a divorce, it is recommended to understand the local regulations to follow through with them. If you have specific questions regarding your case, it can be useful to contact a local divorce attorney near you in your area to assist you with the process.