The 5 Steps That Go Into A Divorce
There's a lot more to the process of divorce than hiring an attorney and letting them work. 5 steps going into making a divorce final, so take a look at each one and its implications.
Filing
Until paperwork is sent to a court, nothing is legally recognized as happening. A divorce lawyer can provide you with boilerplate documents as a starting point, and then they can help you tailor the paperwork to your situation. Once everything is filled out, your attorney will send the paperwork to the appropriate courthouse based on your current address of residence. This may be delayed depending on what the waiting and separation periods are in your state.
Notification
Your partner in the marriage must be properly notified that the divorce process has begun. Generally, this involves physically presenting them with copies of the paperwork. If they are prone to outbursts or are not easy to catch, you may want to hire a process server to deliver the documents and confirm their receipt. Bear in mind there are some situations involving overseas business or military deployments where your partner may have additional time to deal with the notification process before they have to reply.
The Waiting Period
Of all the parts of the divorce process that tend to catch people off guard, the waiting period is one of the worst. It varies from state to state, with some states require no waiting period at all, and others requiring months. In North Carolina, for example, both parties must be legally separated for a year before a divorce can be filed.
Note that the waiting period applies to different parts of the process in different states. For example, Connecticut requires an 18-month wait before you can file. New Jersey allows you to file right away, but the divorce decree can't be entered by the court until after an 18-month period.
Obtaining Temporary Orders
If there are any outstanding issues that have to be addressed while the waiting period happens, temporary orders can be enacted by the court. These orders cover things like spousal and child support and questions about the custody of children.
Finalization
Once you've jumped through the hoops and done all the waiting, a decree document will be required. Either spouse can submit this document, and it's impossible to stop if at least one spouse still wants the marriage ended. The terms of the divorce will be submitted to the court, where they will be finalized.