Marriage and divorce are two of the most common legal procedures that occur each year in the United States. In fact, in 2008 an estimated 2,162,00 people, or about 7.1 people per 1,000 members of the population got married. In the same year 1,065,775 became divorced--with only 44 reporting states and District of Columbia--or about 3.5 per 1,000 members of the total population, according to statistics compiled by the Center for Disease Control and Prevention. When looking at putting an end to your marriage, there are several first steps that need to be taken in order to file for divorce. The actual process of getting a divorce my vary depending on your state or residence.
Alternative Solutions
One of the first steps before filing for a divorce is insuring that the financial and psychological stress of divorce is truly necessary. You can do this by first experimenting with alternative solutions, such as trial separation or marriage counseling. If these methods further show that your marriage is no longer viable, you can take the necessary steps towards divorce. In cases where a physically or mentally abusive relationship is present, whether toward you or toward your children, this step is not necessary.
Prepare Financially
Before divorce papers are filed, you should prepare and separate yourself financially from your spouse, recommends the Massachusetts Family Law Group. Divorce is an expensive process, which in many cases your spouse may refuse to pay for, or financially support your through. To prepare for this financial burden, consider opening a new bank account under your name at a separate bank than your spouse. Once the account is open, start saving as much money as you can. Although you may be able to get the judge to allow a temporary motion to establish support after the divorce papers are filed, it is better to be prepared to cover expenses now, including your regular bills and added attorney fees.
Inventory Joint Assets
To guarantee your fair share of your marital estate upon the completion of the divorce, it's important to inventory all of the joint assets you and your spouse share. These assets include motor vehicles, real estate, joint accounts, mutual funds, bonds, stocks, jewelery, furniture and any other valuables that you and your spouse own. This is an especially important step if you live in states, including North and South Dakota, Oregon, Montana, New Hampshire, Iowa, Indiana, Kansas, Connecticut, Utah and Vermont, as they are "all-property" states. This means all property, including property obtained before the marriage, may be subject to division between spouses.
Hire Attorney
Divorce proceedings and settlements are complicated, often requiring the services of an attorney to represent your interests. Attorneys play an essential role in the divorce process by helping to develop and file the necessary documents, as well as help plead your case in court. Unfortunately, they are also expensive. Many attorneys specialize specifically in divorce cases, giving them a better understanding of the overall process, especially in more complicated proceedings where children or large sums of assets are involved.
Gather Necessary Documents
Once you have the representation of an attorney, he will help you determine what documents are needed to file your divorce papers. Common documents that you may need to photocopy include income tax returns, bank statements, real estate appraisals, and will or trust documents.
File and Serve Divorce Papers
Once all the necessary documents have been gathered and photocopied, your attorney can work with you to file and serve the necessary divorce papers along with a court summons to your spouse. The divorce papers information, such as an explanation of the history and details of your marriage, why a separation is being pursued, as well as any relief benefits, such as alimony or child support, sought through the divorce process. Once the papers are served, your spouse has the ability to file an answer and counter-claim, after which the divorce process will begin.
