This is an example of legal advice. For personalized advice, please visit the divorce advice page.
Your divorce process looks complex since you and your spouse disagree to get divorced
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help! To qualify for a simplified divorce procedure spouses should: be willing to get divorced and agree on all major divorce issues (division of property, child custody and child support, alimony)don't have children born or adopted during their marriagedon’t have significant assets and debts In your case, you and your spouse should undergo a contested divorce process. You may resolve disagreements through either litigation in court or mediation with the help of a hired third party. However, if you and your spouse can amicably agree on divorce issues, you can file for an uncontested divorce at any time; it will save you money and time. Before filing for divorce, you should first check residency requirements in the state where you want to file for divorce. All states require that you, and sometimes your spouse, have lived a specific period of time in the state. The residential period is usually around six months, but some states have different requirements. To get a contested 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 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 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)Court-Ordered or Voluntary Divorce MediationIf mediation fails, spouses have to attend a court trialA possibility to appeal a court's decision on your divorce case During contested divorce proceedings, spouses can come to an agreement on divorce issues and conclude a Settlement AgreementGet a Judgment of Divorce signed by a judge. This document officially ends your marriage We advise contacting an attorney to help you handle the necessary paperwork and prepare for a trial. Both spouses should call witnesses during a trial, present evidence, and explain their case to the judge. A judge will decide which spouse gets child custody, how to divide marital property and debts, and other issues of your divorce. Thus, knowing your rights and presenting convincing arguments is very important. Hiring a professional will ensure that none of your rights are violated and that you complete a divorce fairly and calmly.
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