Filing for divorce puts you under a lot of stress. Whether you are happy about the end of the marriage or not, you are embarking on a new legal process. This puts a lot of work on your plate and requires that you take action.
So, maybe you are about to file the paperwork. What is it that you need to do before you actually submit the papers?
You May Not Need to Assert Fault
In order to get a divorce, you do not have to assert fault in most states. You may choose to make a claim of fault if one partner used force to get you to marry them or if fraud was involved, for example. You can allege adultery, desertion, or drug addiction as well.
So, when should you decide to assert fault? In most cases, you need only do this if you think it will impact your financial situation, like spousal support. A family law attorney can advise you as to whether fault should be part of your divorce.
It Doesn't End After Filing
Simply because you have filed for divorce does not mean that the process is over, even if your partner does not contest the divorce. For example, you will have to serve the other party with divorce papers.
The other party will have the opportunity to respond to the documents, and then the situation will either be finalized or your case will go to trial or to settlement talks. If your divorce goes to court, you may not be able to finalize the process for several months. In rare cases, it can take over a year to become divorced.
You Can File Other Documents Too
It is often not enough to file divorce papers. You may need to file other paperwork too. Your family law attorney can help you file other documents, including child support papers or restraining orders, for example. This paperwork will move through the process, and you may be able to get a restraining order more quickly based on emergency situations.
Hire a Family Law Attorney
A family law attorney can provide you with additional information about the steps you need to take before you even file for divorce. It is important that you work with an attorney who understands the financial impact of divorce as well as how to work toward the best solution for you and your family.