How To File For Divorce

Full Video Transcript

If you and your spouse have an amicable divorce and do not have any children, filing for divorce shouldn't be very difficult. In these cases, you can probably file jointly for a simplified divorce. You'll submit whatever settlement agreement the two of you have reached regarding your property and other matters to the court, which is usually approved. In more complex cases, however, you usually have to petition the court for your divorce and serve your ex with a copy of the court papers. At some point there will be a hearing, and a judge [will decide] everything from how to divide your marital property, whether spousal support will be paid, and if you have children, how custody, visitation and child support will be ordered. The court usually makes the financial decisions according to state law guidelines. Both sides typically need to supply the court with financial affidavits and supporting documentation about their finances. Since the process can take several months to complete, the judge may make a temporary order early in the divorce proceedings regarding who will stay in the house, who will pay for what, and how the parents will share custody and visitation while the case is pending. There are a whole host of factors that can either make the process easier or more difficult than an average case. For more information about divorce in your situation, contact an experienced attorney in your area today.

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