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How to Get a Divorce

Introduction

Divorce is a serious decision. It should never be made in rush. But if you actually decide to divorce your spouse, then you need to specify the reason. The grounds of the divorce can be the following: separation; state acceptance; irretrievable breakdown; shift of acceptance. These grounds are also known as ‘no fault divorce'. Fault divorce may include one or more of the following grounds: cruelty; adultery; abandonment or desertion; criminal conviction; mental illness. There are also such grounds as: culture, religion, disease, substance abuse; sexual issues; financial backing.

Do's

Steps

The requirements vary from state to state. In one state hearing can be necessary, while in some other states it can be done via mail. Here are the approximate steps you may need to complete.

  • You will need to file a petition for divorce. For this you will have to prepare all the necessary documents and find out more about the costs.
  • Then you will need to file all the necessary blanks. Choose the state where you are planning on divorcing.

Documents

Here is the list of documents / forms you will have to file:

  • Summons
  • Petition for Dissolution of Marriage
  • Affidavit

You will need more than 1 copy of each document - you can never be sure if 1 is enough. It is better to get 4 copies of each paper.

  • Make sure your spouse has all the forms to fill. If your husband / wife agrees to your terms of divorce, then he / she should sign the Entry of Appearance, Consent form and Waiver. If he / she doesn't, you will have to serve her / him.

Custody of a child

If you have a child, you need to pick a state where you want to divorce more carefully (for instance: in New York they are more likely to leave a child with a mother). I you are willing to get custody of a child, then here is the list of things you need to worry about:

  • Preparing all the necessary documents. Fill out all the forms, think of a schedule, visiting hours, etc.
  • You absolutely need to control your temper when in a court room. If you lose it, odds are, you are not going to get a child. Remember: pacing yourself is important when dealing with a kid, too. A judge will think of that.
  • Mind your outfit, dress formally. No casual outfits.
  • You will have to prove you are better for a child than the other parent, best interests of a child matter.

Pitfalls:

  • (for fathers) If you want to get custody of a child, but you are not actually married to the mother, you may need proof that the child is actually yours.
  • Remember that court is usually not inclined to allow joint custody.
  • Remember that what your child want matters.

You should always try to end things peacefully. No Fault divorce is always better than a Fault divorce. Especially when it comes to children.

Don'ts

  • No matter what happens, don't lose your temper in a court room.
  • If you have a child, don't forget that divorce is hard on him / her, too. Don't let your kid in the middle of your fights - children don't want to see how their happy family, their father and mother, and their whole life falls apart

Video

Conclusion

It is always better to try and keep your family. But sometimes divorce is the only option, especially if life together is unbearable. And if divorce is your only option, try to end things on good terms. We wish you luck and hope you recover from divorce quickly.

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