When you and your partner agree that your marriage has come to an end, divorce is the next logical step. The process of divorce will differ to some degree depending on where you live, but there are several things you will have to do before your divorce can be finalized for sure.
The first thing to prepare when starting the divorce process is to ensure you meet your state’s residency requirements before filing a divorce petition. You or your future former spouse can file for divorce in Ohio if one of you has resided in the state for six months prior to filing.
Divorce is a process and knowing the process can lead to a faster final decree. If you are thinking about filing for divorce and need legal representation, call our law firm to schedule an appointment to discuss your case.
How Do You Begin the Divorce Process?
Once you are considered a resident of your state, you can file for divorce there. You can contact an attorney any time RIGHT AWAY – our office can assist in preparing the necessary paperwork, assembling documents, and other preparations.
Here’s what you’ll do to initiate the divorce process:
File a Divorce Petition
The filing of the divorce petition in court is required to commence the process. The spouse filing for divorce is the petitioner, and the other spouse is the respondent. This is what you need in your divorce petition:
An affidavit attesting that you fulfilling the residency criteria of the state
The legal reason for the divorce
Any other information your state wants, such as when you got married, what you’re planning to do about your property, and what (if anything) you’ve decided about child custody and support
Notify Your Spouse
The passive partner must have the divorce papers served on them. Legal notice means sending your spouse a copy of the petition. If you and your spouse are on speaking terms, you can hand your spouse the complete divorce petition but they must sign a Waiver of Formal Service.
If you and your spouse are not on good terms, you can pay a process server, sheriff, or county constable to deliver the notice for you. After you have served your spouse, you need to file proof of service with the court.
Your spouse can then file a response to the document. And, if they do not file in a timely manner, the divorce may go through without their involvement.
Request Temporary Orders if Necessary
The vast majority of divorces require months to be finalized. Sometimes, you may wish to resolve issues such as child custody, child support and spousal support before the divorce is final. If so, you can seek temporary court orders to apply while your divorce is pending. A judge will decide your petition in its entirety.
When is Divorce Finalized?
A divorce becomes official when both spouses have signed the divorce papers and filed them with the court. However, not all couples can see eye-to-eye on the elements of divorce. If you are involved in a contested divorce, there may be additional actions you are required to take in order to bring your case to conclusion.
There’s more than one way to come to a divorce agreement:
Negotiations
To negotiate a settlement means to talk about things with your spouse and come to a compromise. Spousal support, child support, and child custody are some terms that will come up. One of our lawyers can assist you in protecting your interests and assert your rights in negotiations with your spouse.
Mediation
Mediation is similar to negotiations, but instead it’s a neutral mediator at the helm of the discussion. Should discussions have proved unproductive, mediation is always available to aid in finding solutions with your spouse.
Mediation allows both parties to attend mediation with counsel.
Litigation
“Litigation” means going to court and having a judge decide on your divorce agreement. A judge is going to consider a factor in your case all the factors in the case including the length of the marriage, the reasons for the divorce and the conduct of both parties. Lawsuits are notoriously time-consuming and costly, and most couples will try to avoid it whenever they can.
A judge will then grant a decree of divorce after the divorce papers have been signed and filed. The order is going to incorporate language regarding all of this major terms that both parties have agreed to.
What Is The Fastest Way To Get a Divorce?
The divorce process includes a ton of legal paperwork and a variety of different deadlines. If you fill out any paperwork improperly or accidentally omit a critical date, it can set the process back, leaving you waiting even longer. If you would like to expedite the process while, at the same time protect your rights, retaining an experienced lawyer to represent you is the best way to go.
When you hire us, we’re going to monitor/chase what you need to file and what needs to be submitted from the start. We can sit down with your husband (or his lawyer) and mediate on your behalf. And, most importantly, we will be there to listen to you, answer your questions and guide you through the process from the first day of your incident all the way to the final conclusion of your case.
Do You Need a Lawyer to Get a Divorce?
When it’s all said and done and you are no longer together, you can get a divorce and break free from your ex and start a new life.
A lawyer in divorce will ensure you receive a fair custody situation, your ex does not rip you off during the splitting of assets and spousal support negotiations, and all other agreements of a divorce are agreed to that are in your favor.
The Law Office of Anthony Griego knows divorce can be intimidating and confusing for most individuals. We will be shoulder to shoulder with you through your divorce until the day it is finalized. For further details, call at the number on top of this page today or click to call 505-508-3110.
