How quickly a couple can get divorced in the first place will depend on the waiting period their state requires or the length of time their state requires them to wait for the person filing for divorce before the court grants it. Some states do not have a waiting period, while in others the waiting period is up to two years. To determine the waiting period in your state, if you are in the United States, check in this graph the column of 'effective waiting period for unjustified divorce' corresponding to your state, prepared by Americans for Divorce Reform. for the Divorce Reform). The time it takes for a couple to get divorced will also depend on how quickly the parties can reach an agreement and complete the divorce process.
Steps
Part 1 of 4: Starting the Divorce Process
Step 1. Fill out a subpoena
The first step in getting a divorce is telling the court that you would like to dissolve your marriage. The details of this procedure will depend on your state and county so contact your local court to obtain the correct documentation.
- There may be additional forms such as a marriage petition, a declaration of ownership, or other statements regarding your relationship. Make sure you find all the forms that are necessary to apply in your state.
- Fill out the documents on the computer, or use blue or black ink, as clearly as possible. If the forms are difficult to handle, you may want to consider hiring someone to help you.
- If you and your spouse are amicably separated, agree on who of the two will initiate the process since court processes usually have a plaintiff and a defendant (or a complainant and a defendant). Although it is not very important, the plaintiff may have something else to do.
- For the simplest cases, some states allow you to file a joint application. If you have no children and you and your spouse share few assets, check to see if there are any marriage dissolution packages available at your local court.
Step 2. Have them review the dissolution forms
Many states offer free legal advice in family court, so take advantage of that if you have it.
You could also evaluate the possibility of hiring legal advice so that the process runs smoothly. Some attorneys may be hired just to help you with certain tasks, and in some cases, you may be able to hire a paralegal to fill out the forms, so it doesn't have to be as expensive as you might think
Step 3. Make additional copies
Keep a copy of the summons for yourself. You will also need a copy for your spouse. The original must be presented to the court.
Step 4. Submit the documents
You will need to give both the original and the copies to the county clerk. They will review your documents and, if everything is OK, they will put the "received" stamp on them.
- The court will use the original summons and any other document to establish the official start of the divorce process and will return the copies to you for both parties with a "received" stamp.
- That stamp will mean that your divorce is officially ongoing.
Step 5. Notify your spouse
Whether or not you have been in contact with your partner during this process, the court needs to know if your spouse has been officially informed that the divorce is a legal matter.
- Your spouse may receive their copy of the documents from anyone over 18 years of age, other than yourself. It could be a friend or family member, or a hired professional process server. The plaintiff cannot deliver the documents.
-
In many states, you can also serve documents by certified mail, as long as the other party is willing to fill out an acknowledgment of receipt.
- For example, in Michigan the process server can send the documents by certified mail; even so, the plaintiff is not allowed to be the one to do it.
- However, in Washington DC the plaintiff is allowed to serve the documents by certified mail.
Step 6. Submit the receipt
If a personal process server gives the forms to your spouse, he or she will need to give you an accreditation form so that you can present it to the court.
If your spouse received the notification by mail, it will be your responsibility to present the acknowledgment of receipt to the court
Part 2 of 4: Come to an Agreement
Step 1. Decide to come to terms with your spouse
In any state, to get a quick and easy divorce, you and your spouse will need to draft an agreement on all the moot points. If they disagree emotionally or if, in practice, they are as at the beginning, it will be difficult for them to resolve those details.
- In many cases, you may find it helpful to hire a conciliator to help you, even when things seem simple. The conciliator is a legal professional who will work for both spouses.
- If you have children or your finances are complex, you may also want to consider hiring an attorney to draft the divorce agreement, even if you and your spouse generally agree. The right attorney will not have to turn divorce into a battle, but will make sure that the documents you present are in your best interest. In case they hire lawyers, each party must have their own; Despite this, they will still be able to work amicably.
Step 2. Reach an agreement on the distribution of the property
You will have to decide who will get each property and each property that your spouse, you or both own.
- This includes, but not exclusively, bank and investment accounts, vehicles and real estate. Any property whose ownership can be legally determined will be easier to divide, in half or according to who is listed as the owner; However, married couples sometimes do not worry about registering their names on a property, with a view to a possible divorce. Be fair about the way the property was conceived during the marriage.
- This will also include personal items, furniture, gifts, artwork, and souvenirs.
Step 3. Divide any debt equally
Your spouse and you must divide the debts that have accumulated during the marriage, for this they must take into account who originated the debt, the ability to pay of each party and the amount of assets that each party will receive.
- Mortgages are often one of the most difficult debts to divide. If the house could be sold, you would only have to reach an agreement regarding the division of the funds, but if one of the parties wants to keep the house, they will also have to take on the debt and the bank must approve it. In some cases, the house will have to be sold, even if that is not the original plan, simply because one party cannot take on the entire mortgage alone.
- Credit card debt will need to be divided at the time of separation, even if it is only one among other credit cards. Try not to keep your finances tangled. In some states, you could be responsible for the debt that your spouse has generated, with a credit card, during the marriage, even if it is not in your name.
Step 4. Consider child support or alimony
Alimony or maintenance will be guaranteed if you or your spouse stopped working to raise your children, care for a relative or due to a disability.
Be careful when agreeing to pay alimony or child support, as the agreement cannot be changed later
Step 5. Agree on custody and visitation rights
If you have children, you will have to decide which party the children will live with (the custodial parent) and when, and how often, they will visit the other party (the non-custodial parent).
- Most states have plans or cards to help couples come to an agreement on this issue. For example, Indiana offers "Visitation Guidelines" that specify specific times when the non-custodial parent should visit or spend time with their children.
- Some states leave the issue more open, but still provide help in making the decision that is in the best interest of the child. Check what the legal requirements are in your state.
Step 6. Come to an agreement regarding child support
All states have laws that assume that the non-custodial parent must pay child support to the custodial parent. To calculate how much you will need to pay for your child support, look for a calculator or template on your state's website.
In the United States, you could locate your state's website, using the appropriate link, on the Internal Revenue Service ("IRS")
Step 7. Write the agreement
As you make decisions, put them in writing and when you've covered everything, write an official agreement that satisfies both of you, both in its wording and in its level of detail.
Check with your local court to see if the document needs to be signed and notarized or if it will be used more as a reference for filling out official court forms
Part 3 of 4: Filing the Divorce Documents
Step 1. Locate the appropriate forms
Many states offer approved forms for uncontested or uncontested divorces. Other states do not, so you may need to invest some time and money to get the correct forms. To locate the correct forms, follow the steps below:
- Visit your state's website, using the appropriate link, on the Internal Revenue Service ("IRS").
- Use a search engine to track down "YOUR STATE divorce forms." For example, if you live in Texas, you will need to search for "Texas Divorce Forms."
- Check with your county clerk's office. Call or go there and ask for a copy of the forms you need in case they are not available online.
Step 2. Complete the forms
Follow all the instructions included in the forms. If you don't receive instructions, try to answer all the questions briefly but in as much detail.
- To complete the forms, type or fill them in with blue or black ink. Write clearly and don't skip any sections. Divorce documents often include multiple affidavits or unclear legalistic forms, so be prepared to spend some time sorting things out.
- If you need help, check with your court clerk or local bar association to see if free or low-cost assistance is available in your jurisdiction for parties without an attorney.
Step 3. File the documents with the appropriate court
You will need to file the forms in the county where you or the other party resides. If you're not sure which court handles divorces in your county, check with the clerk's office.
You will have to submit more than one copy of each form and also a filing fee; So first, call the clerk's office and find out how many copies of each document to submit, how to submit them, and what forms of payment are accepted
Step 4. Attend as many hearings as necessary
Generally, non-contested or mutual dissent divorce cases do not require the parties to appear in court, but in some jurisdictions a short hearing may be held. Make sure you attend any hearing that the court schedules and bring all the documentation they request.
- If you are summoned to an official hearing, be punctual. Plan your day to make sure you arrive early.
- Dress conservatively. You don't need to go shopping for a new suit or outfit, just find an outfit that is clean, well fitted, and as respectable as possible. A nice button-down shirt and fitted pants will do the trick. A man could add a tie and a woman might prefer a long skirt.
- Be respectful in court. Address the judge as "your honor" and "sir" or "ma'am." Stand up when you speak and when they speak to you.
Part 4 of 4: Finalizing the Divorce
Step 1. Complete any required courses, classes, or tests
Many states have parenting classes and educational courses that some or all divorcing parents must take before being granted a divorce.
Check with your county clerk, court, or attorney to determine if there are any instructional courses you need to take in order to obtain a divorce decree
Step 2. Obtain and submit any pending forms
As soon as the waiting period is over, the state will issue the final decree or the judgment of dissolution. You may need to submit that decree, as well as other pending documents, as a way to confirm that everything is correct and that no modification is needed.
If you are not sure what to file in addition to the final decree, review the instructions included with the form or consult with the clerk of the court
Step 3. Wait for the copy of your decree
Once the judge signs the final decree, the court will send you a certified copy of the decree or a notice informing you that it is ready for you to pick it up.
If you do not receive anything from the court within the period established in the jurisdiction of your state (generally 30 days) counted from the presentation of your final documents, or from the attendance at the final hearing, call the court and consult. Normally, the court grants a standard period during which either party can submit modifications, corrections or amendments
Warnings
- Online services that offer quick, inexpensive, no-hearing divorces are not credible sources of information or service.
- You should consult with an attorney before doing anything that could affect both your rights and your legal obligations.