If you’re considering or going through a divorce, you’re likely feeling a range of emotions—from sadness and confusion to anger and betrayal. It’s hard to know where to turn for help, especially when the entire process can feel overwhelming. That’s why we’ve put together this guide to divorce—to provide you with information and resources to help you through this tough time.
What Is a Divorce?
A divorce is the legal dissolution of a marriage by a court or other competent body. A divorce decree typically includes provisions regarding child custody and visitation, child support, spousal support, distribution of property and debts, and other matters.
How to File for Divorce
The first step in filing for a divorce is to consult with an attorney. Once you have decided to proceed with the divorce, you must file a petition with the court. The petition will request that the court dissolve the marriage and make provisions for the division of property, child custody, child support, etc.
After the petition is filed, the court will issue a summons. The summons will notify the other party of the divorce action and provide information on how to respond. The other party will have an opportunity to contest the divorce or agree to the terms outlined in the petition.
If both parties agree to the terms of the divorce, they can sign a settlement agreement which will be filed with the court. The court will then review the agreement and issue a divorce decree.
If the parties do not agree to the divorce terms, they will need to go to trial. At trial, the court will decide on all issues in the case, including custody, support, property division, and other miscellaneous matters.
Child Custody and Visitation Rights
Figuring out child custody and visitation rights can be one of the most difficult parts of getting a divorce. The best interests of the child are always the court’s primary concern. Still, other factors may also be considered, such as each parent’s ability to provide for the child, the child’s relationship with each parent, and the child’s preference (if he or she is old enough to express one).
Division of Assets and Debts in Divorce
In a divorce, the couple’s assets and debts are typically divided between the two spouses. This can be done by agreement between the spouses (known as an uncontested divorce) or by a judge after a trial (known as a contested divorce). This process will vary depending on the laws of the state in which the divorce is taking place.
Emotional Impact of Divorce
Divorce can be a very difficult and emotionally charged process. It is important to have support from family and friends during this time. There are also many resources available to help you cope with the emotional impact of divorce, including books, articles, support groups, and counseling.
Rebuilding Life After Divorce
Rebuilding your life after a divorce can be a difficult process. It is important to take things slow and give yourself time to adjust. You may also want to consider seeking counseling or therapy to help you deal with your emotions after a divorce. Counseling and therapy resources are available in most communities. A simple search on the internet may be able to connect you with the licensed resources that you need in your area.
Avoiding a Messy Divorce
There are a few things you can do to avoid a messy divorce. First, try to communicate with your spouse and agree on the terms of the divorce. Second, hire an experienced attorney who can help you navigate the legal process. Finally, try to stay calm and collected throughout the divorce process.
Different Types of Divorces
The type of divorce you get will depend on the laws of the state in which you file for divorce. There are four main types of divorces:
An uncontested divorce is one in which the spouses agree on all terms of the divorce, including child custody, child support, property division, and spousal support.
A contested divorce is one in which the spouses do not agree on all the terms of the divorce, which is usually very emotional and stressful for both parties. Typically, a contested divorce is also more expensive and time-consuming than an uncontested divorce, and will usually require a trial.
A summary dissolution is typically faster than a traditional divorce. It is available in some states and requires that the couple meet certain requirements, such as having no children and a limited amount of assets. This type of divorce will generally have fewer court hearings.
A no-fault divorce is one in which the spouses do not have to prove that either party is at fault for the divorce, and can simply state that the marriage is irretrievably broken.
How to Get a Divorce Without a Lawyer
Sometimes getting a divorce without a lawyer can be a good option. This usually occurs when the divorce is uncontested, and both spouses agree upon the terms. While this can be an option for some people and save money, it might not be the best option for everyone, especially if you want peace of mind knowing that you are protected.
How to Get a Divorce Without Going to Court
Some states don’t require you to go to court to get a divorce. In these states, the divorce can be finalized through mediation or negotiation. This can be a good option if you want to avoid the stress of a trial.
Simplify Your Divorce by Dealing with Debt
If you’re considering getting divorced, it’s a great idea to simplify the process by dealing with your debt first. By reducing your debt, you’ll be able to better manage your finances during and after the divorce. CreditAssociates can help reduce your debt by up to half, so call us today for a free consultation. Our debt settlement program can help you get out of debt in as little as 24–36 months. Call us today at 1-800-983-6693 to get a FREE debt health assessment.
What is the first thing to do when considering a divorce?
The first thing to do when considering a divorce is to speak with a counselor or therapist to help you and your spouse deal with your particular situation. If it is determined that your differences are irreconcilable, an attorney can help you understand your rights and the process of getting a divorce.
How do I know it’s time for a divorce?
There is no one answer to this question. Some people know it is time for a divorce when they feel like they are no longer in love with their spouse. Other people may stay in an unhappy marriage for years because they are afraid of the unknown. If you are still considering a divorce, it is important to speak with an attorney to understand your rights and the process.
What is emotional abandonment in marriage?
Emotional abandonment in marriage is when one spouse neglects the emotional needs of their spouse. This can include not talking, not listening, not being supportive, or not spending time together. Emotional abandonment can be just as harmful to a marriage as physical abandonment.
Why can’t I leave an unhappy marriage?
There are many reasons why people stay in unhappy marriages. Some people stay because they are afraid of the unknown. Others may stay for financial reasons. And some people may stay because they hope things will get better.
How Long Does a Divorce Take?
In general, it will take about 11 months to get a divorce. However, this number can vary depending on the state in which you file for divorce, the complexity of your divorce, and the number of contested issues.
What Is a Divorce Decree?
A divorce decree is a final order issued by a court that ends a marriage. The decree will include all decisions made by the court regarding child custody, child support, property division, and spousal support.