Going through any court action will differ based on where you reside. Each state has its own set of laws that dictate the procedures required to go through a legal process. One of the most common actions taken in courts across the country is filing for divorce. While the process is not standardized, some fundamental similarities are woven throughout. If you believe that you may be headed in this direction, discover what some of these commonalities are to help get a sense of how it might look for you.
The Reason for the Divorce
Before filing for divorce, you may want to get a sense of the type of information you will need to provide. Certain things like names, whether you have children together, the date of marriage, and the date of separation are relatively standard. Another piece of insight you will need to provide is the grounds or reason you believe you and your spouse need a divorce. Most states have a standard no-fault reason that usually says that the marriage is broken beyond repair. Words such as “irreconcilable” and “irretrievable” are often used in these filings. Other jurisdictions allow for a spouse to point the finger and give an actual reason why the relationship is no longer feasible.
Common grounds in these states include:
- Bigamy
- Abuse
- Abandonment
- Adultery
- Imprisonment
The Initial Filing
If you decide to take the step towards divorce before your spouse, you will need to prepare and file the first document that starts the process. Some laws may call this document a complaint, while others call it a petition. It is the document that gives all necessary information including the grounds, and asks the judge for specific decisions to be made. You may ask the judge to grant you full custody of the children, let you retain the marital home, and over half of all assets and money. While it is unlikely you will not get a divorce granted in the way you initially note, there is a chance that your spouse does not respond timely to this filing. A no contest divorce does occur, even though it is rare. You must understand how to prepare this first filing in case your spouse doesn’t fight you.
Consulting with a knowledgeable attorney, like a divorce attorney from The McKinney Law Group, may prove to be an invaluable source of insight and assistance. When going through a divorce, the proper process and support system is key to coming out of it with a favorable outcome.
