How To Get Divorced

Individuals who want to know how to get divorced should keep in mind that the rules can change from one year to the next. Obtaining the most recent version of the relevant forms is necessary in order to file a successful petition. Good planning is another key to making this process go smoothly. Each spouse will need to take responsibility for gathering financial records in order to create a fair and accurate settlement agreement. Child custody and support issues should be addressed early on to prevent later conflicts that can lead to costly court battles. The first step in getting a divorce is to file the original petition for dissolution of marriage with the county clerk. If both parties are consenting to the divorce, the settlement agreement and other documents (such as financial affidavits and an appearance waiver) can also be filed at this time. Otherwise, the party being served with divorce papers will have a chance to respond and a hearing will be set to begin the process of working out acceptable terms. This could involve mediation or (in extreme cases) a trial. If the divorce is not being disputed, the decree will simply be granted after any requisite waiting period has been satisfied.

Fast Facts

  • Longer life spans may have contributed to the increased divorce rate over the last 100 years.
  • Increasing financial independence for women has made it possible for them to seek divorce more frequently in recent decades.
  • Contested divorces rarely take more than 2 years once the paperwork is started.

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