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Divorce laws vary by state, and most of the time a person going through a divorce will require specific legal advice from a licensed divorce and family court lawyer. However, according to the divorce lawyers at Payne Law Office, there are some legal steps that must generally be endured when going through a divorce. And while this is not an exhaustive list, it’s worthwhile information to have.

To finalize your divorce, keep in mind this sequence:

  1. Petition for divorce: This is your first step, but certainly not the last. The “original petition for divorce” or “letter of complaint” is when you identify yourself and your spouse and inform the court of any children, why you want a divorce, and what relief you may be owed. In some states, prior to this, you may also have filed for a legal separation.
  2. Waiting period: Each state will have a requisite period under which both parties will have to wait until the divorce is finalized. In some states, however, this period can be waived by mutual consent of the parties.
  3. Temporary divorce order: An order of this type is mostly for the benefit of children in a divorce. This is where the court has received the petitioners' and respondents' filings and orders a temporary arrangement that both parties must abide by until the divorce is final. This does not mean the parties are divorced or that the terms of the temporary arrangement will be the same as in the final. 
  4. Divorce discovery: Discovery describes the bulk of the divorce process that people experience and involves legal work that divorce lawyers undertake to help their clients reach the preferred settlement. This is the time where both parties must divulge their finances and answer questions pertaining to the divorce.
  5. Settlement: The last stage of discovery will usually be where each party’s lawyer will attempt to enter into divorce mediation and reach a settlement. A judge must approve this settlement and then order a final decree of divorce. If this is not a possibility, the parties will end up in court.
  6. Trial: Ultimately, both parties are asking a judge to make a decision about the terms of the divorce because neither party can agree.
  7. Final decree: A final decree of divorce is either ordered after settlement is approved or after trial. When both parties sign the decree, they are divorced.

When you need divorce legal advice, call the Payne Law Office at (402) 477-7246, and visit the team online for more information. 

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