10 Tips to Help Understand The Divorce Process

According to some estimates, roughly 50% of all marriages in the U.S. end in divorce. If you are considering a divorce, you should be prepared by hiring a good divorce attorney who can help you through the process. A good divorce attorney can help lead you in the right direction and to see all of your options. The following are questions and answers that are common to the divorce process. Remember, every situation is different and each state’s laws are different. It’s always best to consult with a divorce attorney before making any decisions. Why should I hire a divorce attorney?There are many legalities that can effect the results in a divorce situation, particularly when it comes to child custody and division of property. It’s important to have a good divorce attorney on your side because without an attorney you could make poor decisions or allow your spouse to make them for you. An attorney will protect your rights and help you to see all of the options.

Can the same divorce lawyer represent both parties?For ethical reasons, in an uncontested divorce, the divorce lawyer you choose cannot represent both parties. The divorce lawyer should only represent one or the other party involved. No matter how friendly the two people involved in the divorce seem to be, a lawyer will advise you in regard to your best interests which isn’t necessarily your spouse’s best interests.• What are the first steps in the divorce process?A divorce begins when a divorce attorney prepares a divorce petition and then files the petition with the clerk of the court. Each state is different and therefore divorce cases are filed and heard in the district or family court in the state in which you live. Each case must be prepared according to state-specific legal requirements. • Are there pre-requisites to the divorce process?A petition must include allegations and claims concerning the divorcing party. It must also show the residence of each party and the number of children involved. The person filing the petition is the Petitioner while the spouse being served is the Respondent. If both partners file together, it is considered Co-petitioners. Once the divorce attorney prepares the paperwork, the divorce petition is served on the Respondent.• What happens after the divorce papers are filed? As soon as the petition has been served to the Respondent, they must respond within an allotted period of time in answer to the petition.