Surprisingly the number of divorces in the United States has slowly decreased over the past couple of years. The divorce rate in 2008 in the United States, according to the National vital Statistics Report, was 3.5 per 1,000 population. Obtaining a divorce often takes time, patience and and a little knowledge about the divorce process. If your divorce is amicable the process becomes easier.
Waiting Period
In many states there is a mandatory waiting period that must pass before you can file for divorce or before your divorce becomes final. This waiting period allows couples time to cool off and try to work through their problems. It also helps eliminate a lot of the paperwork that the divorce courts must process when people decide to separate and reconcile a few weeks later. Because divorce proceedings are governed by individual states, the waiting period varies from state to state.
Seperation Agreement
If you and your spouse have decided to part ways and you are working together to achieve that goal, the easiest and least stressful way to start the divorce process is to sit down together and compose a separation agreement. Your separation agreement should address the distribution of your marital assets, including any real estate you own, vehicles you have acquired and all household items you have accumulated during the course of the marriage. It should also include instructions on how to divide all financial assets including cash, bank accounts, retirement funds and equity in the home and financial liabilities, such as loans and credit card debt. If children are involved, you will also need to establish a custody agreement regarding visitation and child support.
Proper Jurisdiction
When filing for divorce, you must choose the proper jurisdiction to begin the process. The petition for dissolution of marriage should be filed in the state in which you have resided for the past six months. The district court of the county you reside in will have jurisdiction. If you and your spouse do not live in the same county, the county that the petitioner resides in will have jurisdiction.
Petition for Dissolution of Marriage
A petition for dissolution of marriage must be filed with the court. As the petitioner you must then notify your spouse that you have filed. You spouse has 30 days to respond. After your spouse responds or the 30 days has expired, you can request a court date. On your court date the judge will grant, deny or postpone your divorce while more information is gathered.
Divorce Decree
Your divorce is final when the judge signs your divorce decree. He will then file it with the district court and it will be a matter of public record. You can obtain official copies of your divorce decree from the district court.
