So you are contemplating divorce. You’ve read my blog. You’ve read other websites. You’ve talked to friends and family. Maybe you’ve even met with an attorney but still you do not know where to start. Hopefully this blog post will help.
If you’ve read other articles in this blog you know I do not strictly advocate for hiring an attorney in every situation. Click here to read my post about when you do not need an attorney. If that situation does not apply to you read the steps below for how to get started.
- Consult with an attorney. Consult with two attorneys. Consult with however many attorneys it takes for you to feel comfortable with an attorney. Just like anything else in life, if you do not think you and the attorney will work together well do not hire that attorney. Make sure the attorney listens to you, understands your situation, and believes he/she can help you. Most importantly, you will discuss very private matters with this attorney so make sure you feel comfortable with the attorney.
- After you have selected an attorney to represent you in your divorce and you have signed any agreements with that attorney, the attorney will prepare your petition for divorce. This should be sent to you to review prior to it being filed with the Court to ensure it is accurate.
- If children are involved typically a request for Temporary Orders is going to be made. Depending on what court you are in you will likely have to attend mediation prior to a hearing with the Court. If you cannot resolve your issues on a temporary basis in mediation, then you will have a hearing to determine certain issues while the divorce is pending.
- After Temporary Orders (sometimes before) discovery will be sent to each party. This is your attorney’s opportunity to find out about financial issues, property owned, retirement accounts, life insurance, and any issues related to child raising and support. If applicable this is also the time where the attorney will learn about any extramarital affairs that may have occurred.
- After discovery is complete typically another mediation will occur to attempt to finalize the divorce amicably. If mediation is successful then final documents will be prepared and a short hearing will happen. If mediation is not successful then a trial will be necessary to allow a Judge to divide any property and determine what the Judge believes is in the best interest of the children.
Once you have hired an attorney you should trust that your attorney will be doing what is necessary to process your case and get the best result for you. There may be many many more steps involved in your divorce depending on your particular set of circumstances. The steps outlined are the generic steps necessary to complete a divorce in most situations.
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