Though you know it’s the right thing to do, filing for divorce can seem like a daunting process, even if you’ve gone through it before. Many people don’t know where to begin, and others often rely on outdated information from friends or family members. Knowing what your options are and what to expect from the divorce process will provide valuable peace of mind and help you avoid costly mistakes.

A Guide to Understanding the Divorce Process

Filing the Petition

The petition is the document that initiates the divorce process and includes vital information about the marriage. In it, you’ll give your identifying information, as well as that of your spouse, and descriptions of any property that may have to be divided. In some states, you can file a simplified petition if you don’t have significant assets or children.

Serving Your Spouse

Once the petition has been filed with the courthouse in the county where you or your spouse reside, they will have to be formally served with the document. In some jurisdictions, you may have to hire a professional process server, or your spouse can sign an acknowledgment if they agree to the divorce.

The Response

After being served, your spouse has a limited amount of time in which they can deliver their response to the court. They may wish to contest some of the information you’ve presented in the petition or offer a counterproposal on property division or child custody issues. If they fail to respond within the period mandated by your state, you can ask the court for a summary judgment in your favor.

Negotiation

Finding common ground with your spouse regarding child custody, property division, and all the other issues involved in your divorce can make the process much faster and less expensive. Even if you have to engage in an extensive negotiation and hire an attorney, this is still preferable to a contentious court battle.

The Hearing

In most states, you’ll have to appear in court at least once to finalize your divorce. If the judge agrees to the terms you and your spouse have set, they may declare you divorced and issue a decree. However, if you’ve been unable to reach a settlement, the judge will resolve these issues for you.

If you’re going through a divorce, the legal team at the Law Offices of Brian J De Lima have the experience to help make this difficult process as easy and stress-free as possible so you can move on with your life. For over 34 years, they’ve provided Hilo, HI, residents with compassionate service, informed by an in-depth understanding of the process. Call their offices at (808) 969-7707 or visit the website today to get in touch and schedule a consultation.