There is no easy answer when it comes to the question of how to get divorced. Each couple’s situation is unique, and therefore the process that they will go through in order to dissolve their marriage will be different as well. However, there are some general steps that all couples can expect to go through during a divorce.
The first step in getting a divorce is usually filing a petition with the court. This is where one spouse formally asks for a divorce from the other. In the petition, the spouse will need to state the grounds for divorce, which can be anything from adultery to irreconcilable differences. Once the petition has been filed, the other spouse will have an opportunity to respond.
If both spouses are in agreement that they want to get divorced, then they can proceed to the next step, which is negotiating a divorce settlement. This is where the couple will work out the details of their divorce, such as who will get custody of the children, how their assets will be divided, and so on. If the couple cannot come to an agreement on these terms, then they may have to go to trial, where a judge will make the final decisions.
Once the divorce settlement has been reached or the judge has made a decision, the next step is to file for divorce. This is where one spouse officially files for divorce with the court and serves papers on the other spouse. The spouse who was served with papers will then have a certain amount of time to respond.
Once the response period has expired, the next step is to attend a divorce hearing. This is where both spouses will appear before a judge and present their case. The judge will then make a decision on the divorce, which can be either granted or denied. If the divorce is granted, then the couple will be legally divorced and will need to follow the terms of their settlement agreement. If the divorce is denied, then the couple may have to start the process all over again.
Change of mind
What if one of the partners decides not to move forward with a divorce? Let’s say your wife is changing her mind about getting a divorce after you have already filed the paperwork. If this happens, you will need to file a notice of withdrawal with the court. This will officially remove your divorce petition from the court’s docket. You and your wife can then continue to live together or go your separate ways without being legally divorced.
Similarly, if your wife files for divorce but then changes her mind, she can file a notice of dismissal with the court. This will also remove the divorce from the court’s docket. Again, you and your wife can either continue to live together or go your separate ways without being legally divorced.
Of course, even if one of the partners changes their mind about getting a divorce, the other partner can still choose to move forward with the process. If this happens, then the partner who wants to get divorced will need to start the process all over again.
The steps in getting a divorce can be complicated and confusing, so it is important to seek out legal help if you are considering this option. An attorney can help
If you have any questions about the process of getting divorced, or if you need help filing for divorce, you should speak to an experienced family law attorney in your area.