Everything You Need to Know About Getting Divorced

Before you begin the divorce process, it is essential for you to obtain information about the process. There are several steps involved in the process of getting divorced, and if you attempt to bypass any of the steps, you will actually cause more harm than good; you will in essence delay the process tremendously. The steps will vary among different states, especially when the divorce takes place in one of the ten community property states that are as follows:
• Alaska
• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin
In addition to knowing whether your state is a community property state, you must also know the other steps that are involved in getting a divorce. The process is much more involved than simply seeing a divorce lawyer, filling out the paperwork and going into court to receive your final decree. The most common steps involved in the process of getting divorced include but are not limited to the following:
• Researching and choosing a divorce lawyer
• Meeting with the lawyer to fill out the divorce application and begin the process. This step will be preceded by the gathering of information such as financial records, birth certificates of the children, deeds to property, proof of ownership of non-martial property (i.e. gifts and inheritances), and any other information the lawyer feels is pertinent to your case. If there re claims of abuse or neglect on the part of your spouse, the lawyer may ask you to provide any supporting documentation such as statements from witnesses, police reports or court filings.
• The process of getting divorced also requires your lawyer and your spouse's lawyer to negotiate the terms of the divorce. While your requests will accompany the original documentation that is submitted to the court, there are likely to be negotiations that will precede the final hearing.
• Your case is placed on the court's docket and assigned a date and case number.
• Your case comes before the judge, and if there are no complications, the judge will advise you of his or her decision after which you will need to wait to receive the final decree directly from the court or from your lawyer.
While these steps to getting divorced appear simple, there are many things that might happen to delay the process. For instance, if your spouse disagrees with the terms of the divorce or the reasons for the divorce even under no-fault divorce laws, it can delay the process. Some states have a provision that states you must attend divorce counseling sessions if you have children, and if you fail to attend these sessions, the judge will not agree to grant you a divorce.
The ancillaries such as child support, visitation, custody and the like may not necessarily be heard at the same time as your divorce petition although the judge will usually issue a temporary order for child support, custody, visitation and spousal support. Sometimes it can take one to two years for the final distribution of all marital property, especially in cases where the couple cannot agree and leave the final decision to the court.