Divorce is a very stressful period for ex-spouses, and the whole legal procedure that comes with divorce can only worsen the current situation and lead to the fact that instead of solving the legal process properly, we just do more damage. That is why we have prepared the steps that you must follow in the legal process so that you can resolve the situation properly and have the time for the rest that you deserve.
Understanding the type of divorce
Not every divorce is the same, so some are very simple, while others can be very complex and complicated. That is why there are two basic divisions, the first of which is undisputed divorce. Such divorces are those where the spouses immediately know what they want and quickly agree on everything, so such a case is also legally very difficult to solve, unlike others. Disputed divorces are those complicated ones that bring with them a lot of problems, namely that the spouses do not agree on some points that need to be resolved in order for the divorce to be complete. This can be, for example, the division of property, which is otherwise the main motive for contested divorces, and then, right after, the custody of the children. Of course, these are procedures that involve a lot of emotion and different feelings on both sides, so it is, therefore, difficult to reach a fair and correct agreement.
Hiring a lawyer
In such situations, it is very difficult for a person to think for himself. People say that divorce is often one of the most difficult moments in an individual’s life and that many people have a hard time coping with such circumstances. That is exactly why it would be ideal to hire a person who will do most of this procedure for us in a high-quality way, such as the team of Smith Law Office, who has been working on divorce cases for a long time. They will make sure that we realize all the rights that are guaranteed to us by law and will give us time to recover. A conversation with a lawyer and negotiations between ex-spouses through a lawyer is much more effective, and an agreement is reached much better that way. In this way, we will avoid heavy documentation and legal procedures that we would otherwise have to do without a lawyer.
Collecting the necessary documentation
In order to be ready to file for divorce, you will be required to provide the necessary documentation. This usually includes your identity cards as well as a document from the marriage register. In the case of an uncontested divorce, you will also need a document on the marriage agreement that you both signed. The property ownership document is a very important document because most disputes will happen around it, so you need adequate proof. If the family has children, then you will need their documentation as well.
Settlement of property division
In marriage, there is no mine and yours; spouses build a home for their family and try to contribute as much as possible without thinking that something of this scale will ever happen. Divorce kills all your dreams and hopes that you built together, and it is precisely through the division of property that all of that and your shared dreams are destroyed, along with all those elements that remain in the home. Ex-spouses will do everything to prove what they contributed, and it is up to the court to decide. That decision can most often be to divide the property in half. There are exceptions and special circumstances, and the document that also plays an important role is the prenuptial agreement, which already defines who will keep what after the divorce. The best possible way would be for the spouses to come to an agreement between themselves or between lawyers, which significantly facilitates the decision of the court in which one or both parties will not be satisfied.
Custody and alimony
No matter how difficult divorce is for us as spouses, a great burden of it also falls on our children. In their childhood, they don’t want to choose sides and be left without one parent, but they want to have the whole family together. However, divorce may be a better option for them than an environment where parental arguments are very common, so an important and difficult step after divorce is an agreement on custody of the children. Also, these cases can be simple and disputed, depending on whether the parents will immediately agree, but in any case, it is not difficult for the court to make that decision. One spouse does not have the right to prohibit the other from seeing his children only in cases where there is violence in the family, so the court will make that decision. The court will prescribe the payment of alimony to the other parent, most often the father, which he will be obliged to pay regularly.
Patience
Depending on the complications, the procedure may take longer than we expected, so it is important that we contribute as much as we can to resolve the case as soon as possible. Our lawyers will do everything to make the case as fast as possible in our favor, and despite this, they will perform the work carefully and according to our instructions.
Debts
Debts incurred during marriage are usually divided between ex-spouses only if they have not agreed otherwise in a legal document. This usually includes consumer loans, medical bills, and credit cards. The division of debts is a very important part in the USA, and a lot of calculations are carried out around this part because improper division of debts can lead to long-term consequences.
The legal procedure is quite difficult and demanding and requires a lot of effort, but with the right methods and lawyers, you can solve this problem in the best possible way for you. Remember that the sooner this is over, the more time you will have to relax and start new steps in your life that you will most likely like.
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