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There are a variety of reasons couples file for divorce, and though the decision is never easy, the process itself doesn't have to be hard. While common, the divorce process varies depending on your unique situation, and if you're unable to work amicably with your spouse, a divorce attorney can help you negotiate the terms of your separation. If you're considering filing for divorce, use the guide below for steps to get started.

1. File a Divorce Petition

Whether you and your spouse have agreed to a divorce or you're filing on your own, you must first file a legal petition asking the court to terminate your marriage. To file, you must supply the court with a statement that proves you or your spouse meet your state's residency requirements for divorce, a legal reason for filing, and any other statutory information required by your state. 

2. Serve Your Spouse

divorce attorneyAfter filing, you will need to provide a copy of your divorce petition paperwork to your spouse and file a proof of service with the court. The proof of service tells the court that you have met the statutory requirements for a divorce. Without this, the judge will be unable to proceed with your case.

If your spouse agrees to the divorce, they will sign an acknowledgment of service. Serving divorce paperwork can be difficult if your partner does not want to separate. In these cases, it is usually easier to work with a professional process server or deliver the paperwork to their divorce attorney. 

3. Finalize The Judgement

Whether you and your spouse agreed to the terms of your separation through negotiations or with a judge, the final step comes when the judgment of divorce is signed, legalizing the dissolution of your marriage and outlining the specifics of your agreements.

This includes child and spousal support, custodial relationships with children, including visitation rights, and the division of assets and debts. If you and your spouse negotiated a settlement, the filing spouse's attorney would typically draft the judgment. However, if you went to trial, a judge will issue the final order.

 

If you're looking for a divorce attorney to help you navigate the separation process, contact William A McWhorter in Pell City, AL. For over 20 years, this highly-skilled lawyer has served the Ct. Clair County area providing a wealth of knowledge on legal matters such as divorce, bankruptcy, family, and real estate law. Contact them today at 205-338-4411 to schedule a consultation, or visit their website to learn more about their areas of expertise. 

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