Filing For Divorce

Preparation is the key for success when filing for divorce. Both legal and practical issues should be resolved before the petition is filed. Most couples retain a lawyer because of the complexity of the law pertaining to children property division, and joint liabilities for debts of the marriage. Once the petition is filed with the court, scheduling orders are served and deadlines begin to run.  As a staring point, before filing the petition:

• Know where you will live and how you will pay expenses
• Assemble financial records
• Locate all assets of significant value
• Have tax returns ready for court review
• Prepare a personal budget for necessities - the court will review your necessities when issuing temporary orders
• Be prepared to immediately terminate all joint accounts

After the petition is filed, it becomes public record. The party who files the petition is the petitioner, and the opposing party is the respondent. Divorce lawyers may obtain a list of new cases and contact respondents before the petition is served. Stated similarly, your spouse may discover a petition was filed before you discuss your intentions.

After filing for divorce

Most family law lawyers provide a turn key service when filing for divorce. In general, for an uncontested filing, attorney fees are approximately the same as the filing fee. Emotionally, be prepared for immediate change. Friends talk. Acquaintances may be confused. Family responses to filing are at best, unpredictable. Financially, running two households on the same income is more difficult and each spouse must be prepared to take personal responsibility for all necessities. If you need assistance, do not hesitate to ask a divorce attorney for government sources of financial aid.

See Also: No Fault, Fast, Filing, Quick Questions