How To

How to Get a Divorce

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Learn how to get a divorce the simplest way and avoid needless stress while you get a divorce.

Difficulty: Moderately Challenging
Instructions

Things You'll Need:

  • A mutual understanding between you and your spouse that you are both willing to get divorced.
  • Forms - available from your local courthouse - for filing an uncontested divorce
  • Optional: Budget to meet with a divorce attorney for extra help in understanding your rights and the entire divorce process.
  1. Step 1

    The collapse of a marriage is never an easy thing. And if you don't know how to get a divorce, it can be even harder. Fortunately, there is a relatively simple and inexpensive type of divorce. This is called an uncontested divorce. First you will need to make sure that you and your spouse are in mutual agreement that you wish to divorce.

  2. Step 2

    Next you will need to get hold of the proper forms for filing for an uncontested divorce. These forms are slightly different from state to state, so you should visit your local courthouse to obtain a copy of the correct forms. If you choose to work with a divorce attorney, your attorney can also get you the necessary forms.

  3. Step 3

    Many people choose to go through the divorce process without using an attorney, but unless you are comfortable with the world of law and confident that you know exactly how to handle your side of the divorce proceedings, it's recommended that you work with a divorce attorney. For a simple, uncontested type of divorce, where both spouses are in agreement about divorcing, you might only need to consult with your attorney once or twice.

  4. Step 4

    You should also consider meeting with a divorce mediator. A mediator can help you and your spouse negotiate the terms of your divorce such as custody issues and property matters. In a situation where both spouses are still amicable toward one another and the divorce is uncontested, mediation can be a very healthy and fast way to make your divorce run smoothly.

  5. Step 5

    After you have completed the necessary forms and come to an agreement about any custody, financial, or property issues, you will need to get a court date to meet with a judge. You will be given a court date. This might take a few weeks to several months depending on how backed up your local courthouse is. It's best that both spouses show up for the hearing at the courthouse because this is your one chance to discuss any issues with the judge and to stand up for your rights if you feel something is going wrong.

  6. Step 6

    If you are pursuing an uncontested divorce, you are likely to receive your final divorce status within a few months. But if the spouses are in disagreement about terms and need to renegotiate, a divorce can take a lot longer - even years. Fortunately, though, an uncontested divorce is usually a simple and relatively fast process.

Tips & Warnings
  • If you have any concerns about the legal process surrounding divorce, don't hesitate to meet with an attorney who is knowledge about divorce.
  • If you have questions about your partner's honesty, discuss this with your attorney and pursue his or her recommendations as to financial research, hiring a detective, or other actions which will help you to make your case. But in an uncontested divorce this usually isn't required because the partners are open and honest with one another.
  • Be patient with the divorce process and take care of yourself in the meantime. Make sure you have enough money to live on and that you take measures to reduce stress. Even when spouses remain friendly toward each other in an uncontested divorce situation, the process can be fraught with complicated emotions.

Comments  

dlawyers33 said

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on 6/18/2009 Great info. Also, if spouses are both in consent, they can file for a fast divorce in Dominican Republic. It's fast, easy, affordable and valid in US and worldwide. You can read more at the US Embassy's website at: http://santodomingo.usembassy.gov/divorce_dr-e.html

Just make sure you'll use one of the dominican law firms suggested by the US Embassy in their website. Here is the link: http://santodomingo.usembassy.gov/root/pdfs/attorneys.pdf in this way you will ensure due process during the entire divorce proceeding.

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