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Many couples find themselves blindsided when divorce becomes a serious concern. No matter the reason for divorce, it can be complicated, emotional, and even traumatic. We want to help make your divorce process as simple and peaceful as possible.
How do I file for divorce in my state? In the U.S., divorce laws and required forms vary from state-to-state. You can get the necessary forms from your local courthouse or state court website. It starts when you file for divorce and serve your spouse with an official complaint or petition. Giving your spouse the chance to respond to your divorce filing is legal and fair.
How do I start the divorce process? When you begin your divorce, you need to file three forms with your local court clerk to make them official:
- Summons: File this with the court to notify your spouse of the divorce request.
- Complaint: Official paperwork explaining reasons for divorce and desired outcomes (child custody, property distribution, etc.).
- Family Court Cover Sheet: File as plaintiff/petitioner; the sheet includes details about both spouses and children.
What are the divorce requirements?
- Grounds for divorce: You must have legal reasons for why you want a divorce. You will choose between fault (like adultery or abandonment) or no fault (simpler, without specific accusations).
- Residency requirements: You must prove you've lived in the state and county for the required time before filing for divorce.
- Waiting periods: Most states require a waiting period before finalizing the divorce. It gives time to work out details like child custody and property distribution and may offer a chance for reconciliation. If you reconcile, you can withdraw the divorce petition.
What is a divorce decree? It is the final decision about your divorce that the judge makes. The decree can take days, weeks, or months. The judge will put the decision in writing and sign the divorce decree.
What are contested vs. uncontested divorce filings?
- Contested are more complex and stressful. If spouses can't agree, the judge decides, which may not satisfy either.
- Uncontested divorces are typically smoother. Spouses agree on terms, making the process easier and less adversarial. Some arrangements can even be modifiable. Uncontested divorces are usually faster than contested.
How much does a divorce cost? In the U.S., divorce can cost anywhere from $15,000 to $20,000. Of course, this cost can change quickly based on how long and complicated your divorce proceedings become.
How long does a divorce take? It’s difficult to put an exact amount of time into the divorce process. This is because it is affected by many different factors:
- The laws and requirements in your area
- The dates when your court and judges will be available to hear your case
- What kind of divorce did you file for (no fault or fault)
- Contested vs. uncontested divorce
- The kind of possessions and assets you and your spouse are dividing
- Disagreements on child custody and support
What should you do immediately after a divorce? Start by making sure all your legal responsibilities are taken care of. Ensure your Will, insurance policies, medical directives, and other essential legal documents reflect your current marital status, dependents, and beneficiaries. If you are changing your name, thoroughly collect all the appropriate documents to begin this process.
Do I need a divorce lawyer? You may want to have a divorce lawyer or a family lawyer to call upon for advice and consultation; information is always helpful. You’ll have divorce forms and papers to sign, in addition to dividing your property and considering custody of any children. Make sure you’re protected
How can LegalShield help me with my divorce? With access to a provider lawyer, you can sort through the complicated questions and legal documents accompanying divorces. Your law firm will help you do what’s best for your family while ensuring your interests are safe.
Your LegalShield Provider Law Firm can consult on:
- How your your home, accounts, and other assets may be divided
- Obligations to your joint debt
- Custody arrangements for your children
- Review any prenuptial agreements or divorce documents you need to submit
If you’re already enrolled in LegalShield, please reach out to your provider law firm. If you still need to become a member, look for this benefit at your next enrollment opportunity.