This is an example of legal advice. For personalized advice, please visit the divorce advice page.
You can file for a divorce if you are looking to end your marriage
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but you must also deal with numerous legal processes. But we're here to help! It's great to have a family law attorney helping guide you through this process. The main difference between annulment and divorce is that annulment declares that the marriage never happened, meaning that the marriage has never been considered legal or legitimate. There is an exhaustive list of grounds for the annulment of divorce: You or your spouse were under the legal age of consent (generally 18) at the time of the marriage.Either your spouse or you were already married to someone else at the time of your marriage. Either you or your spouse lacked the mental capacity to consent to marriage, or were forced, threatened, or coerced into marriage.You or your spouse were under the influence of alcohol or drugs at the time of your marriage.You or your spouse are physically unable to have sexual intercourse and didn't disclose that inability before marriage.Either you or your spouse hid or misrepresented an essential fact. You and your spouse are too close in familial relation to marry.Since none of these could be applied to your marriage, you and your spouse should consider divorce procedure if you are looking to end your marriage. Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody, or spouses can get joint custody. A spouse without physical custody receives visitation rightsCan receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Before filing for a divorce, you can try to reach some preliminary agreements with your spouse on division of your assets and debts, alimony, child custody and child support (if you have children). You can try mediation, a process through which a neutral mediator will help you reach an agreement. If you can find common ground, your divorce process will be easier. You can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Couples should undergo a contested divorce procedure even one spouse disagrees to divorce in general. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce, you should: Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested)One spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessary. They can be obtained from a court's website or the courtSpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedingsSpouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues by yourself, you can file it with a court in the form of a Divorce Settlement Agreement to your divorce application and ask the court to approve itAttend a court trialYou have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage Getting a divorce is quite an easy process when you and your spouse: Don't have children born or adopted during your marriage;Don't own many assets together;Don't have many debts together.Even though the divorce process is more complicated in other situations, such as when you and your spouse have to agree on child custody and property division, it is still very feasible. Since divorce is about making important financial decisions that will affect your family and financial future, we advise you to think about contacting a divorce lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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