“How did it happen?” Perhaps this is one of the most common questions that spouses ask themselves when the marriage is already broken.
During the wedding ceremony it seemed that a long and happy life is ahead, but unfortunately nothing lasts forever and the fairy tales also end. Nevertheless, a divorce is not the end of the world, and for some it may be the beginning of a new life. And since you are considering divorce you should ask yourself five crucial questions, the answers to which can greatly simplify the dissolution of marriage.
How to make my divorce peaceful?
Amicable divorce is very popular because it can be completed much faster and easier. This must be taken into account before filing for divorce. What is its essence? Spouses do not attend lengthy court sessions, do not participate in exhausting debates, and the judge will make a final decision in no more than 6 months. In order to achieve this, spouses must hear each other’s wishes and be prepared to compromise on any issue.
Do not blame each other, accept the fact that you separate just because of the circumstances. Carefully discuss all the conditions of your divorce, as well as conscientiously work through each item of your Separation Agreement. Try to be in a friendly atmosphere with your spouse, and also show respect for each other. It will not be superfluous to leave all emotions behind closed doors. Your main goal should be a simple settlement of all disputes. Pay particular attention to the issue of division of custody over minor children, make a good Parenting Plan and be prepared to support each other in the process of raising a child.
What should I do with divorce papers?
Paperwork is one of the most important stages of a dissolution, this affects whether the judge will grant a divorce or not. The very first thing you need to do is pick up all the necessary forms that fit the peculiarities of your divorce. They can be obtained from the court’s clerk of the district where you want to dissolve the marriage or downloaded from the Web.
Fill out paper as required by law. You can hire a lawyer to compile papers or prepare them online using special platforms. You can also study all the requirements and conditions on your own and fill out the documents without any help. All 3 ways are absolutely legal. Before filing for divorce carefully check your forms. Any mistake can lead to delay. When you absolutely confident in the quality of your papers, submit them to the court (it must be original and two copies). State courts have jurisdiction over divorce processes, so you have the right to file papers in the ‘superior’ or ‘circuit’ court of the county where you or your spouse reside.
Will either of you leave a home?
As a rule, after all documents have been filed with the court, the spouses are moving out, either one spouse, or both leave common housing. However, for some reason it is not always possible to do. Even if you separate, you can still live under the same roof with your almost ex. But you must have different bedrooms. You must also cook separately, as well as share your costs for maintaining a common house. And last but not least condition must be that the spouses do not cohabit. If you are ready to live peacefully with your almost ex-spouse and follow all the above rules, you can stay in the same house and be considered officially separated.
Are you ready to act in the best interests of the child?
Divorce is stress not only for the parents, but for the child as well. Therefore, the interests of the child should come first. In any case, you will need to divide custody, so do it in such a way that will give your little girl or boy a comfortable conditions after the divorce. It is believed that the best suited for a kid if he or she has long contacts with both parents.
The issue of separation of guardianship is the highest priority for the courts when considering divorce, so it takes a lot of time. If parents are ready to resolve this challenge together without shouting and hysterics, this will significantly speed up the process of getting the final decision.
Make a detailed plan for the upbringing of the child, consider all sorts of nuances. Work together with your spouse, this will increase your chances of a positive court’s decision. In many states, there are Parenting Classes that help parents and children to cope with the trauma of divorce. Visit several sessions, it will greatly help you to adapt to new conditions.
Will I receive any property?
The division of property always occurs if you divorce or separate. Most states adhere to the rule that the separation should be fair. But there are 9 states that are considered to be community property states, so in them the division takes place in the 50/50 ratio.
These states include the following: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. The law divides everything that spouses have acquired while being married, including debt obligations. This is called common property. In a divorce it will be divided according to the rules of the state where you’re filing for divorce.
All that was acquired by spouses before marriage or after a divorce is considered to be a separate property and is not a subject of division. In rare cases, the court may divide a separate property as well, if it considers that this is really fair. But this is not a common practice.
The more you know about divorce, the easier it will be for you to achieve the goal. The above questions and answers give a common vision of the divorce process. Remember that each person deserves to be happy, so always ask yourself the main question: “Should I suffer or do I deserve a better life?”
