THE DIVORCE PROCESS EXPLAINED: FROM FILING TO FINAL DECREE
Have you decided that a divorce is the next chapter? Are you curious about the process?
Filing a divorce is a huge step and because of the intricate nature of the process, one should be mentally prepared when moving forward.
Some first steps to take before jumping face first to a divorce is as follows:
• Make copies of all important documents such as tax returns, debts, income, bank account information, life insurance policies, credit card statements, and save them digitally.
• Remove personal items such as social security cards, birth certificates, passports, and other personal documents. Get them to a safe location as it is easy for these documents to be misplaced.
• Change passwords to all accounts in your name. This includes passwords to your cell phone account, email, social media, and iCloud & Google accounts. Select passwords that your spouse cannot guess.
• Use your phone to record the contents of your home. Slowly walk through each room and describe items as you record.
• Know what debts exist before beginning the process of divorce and possibly open a new credit card account for emergency funds if you need them.
Filing Petition and Related Documents:
Divorces begin when you file a petition for divorce. These petitions generally list your information, such as your name, address, and employment. If there are children, their information is redacted but kept on file with the attorney representing you.
A divorce petition is not meant to list every asset or debt in detail either. Assets and debts are listed in other forms. Instead, the petition says very generally if there are debts to assign and assets to distribute.
There are other documents that may be required such as a civil case coversheet and family data sheet, but it could very well depend on the local court rules as to whether you need those documents.
Once the petition is finished and you’ve verified the information is correct, it is then filed with the Circuit Clerk’s office in the county you live in. After the Clerk’s office accepts the petition and related documents, the case is assigned a case number with the Courts.
Your spouse has 20 days to hire an attorney and file a responsive pleading to the petition.
Divorce in 20 days?
No, it is a procedural aspect that you must allow at least 20 days for a response to the petition for divorce. Technically your spouse can accept the service of the petition and related documents and choose not to participate.
If they don’t choose to participate, don’t fret. As long as they are served with notice of upcoming court dates, it is up to them to participate or not.
Serving your SPOUSE With divorce Papers:
Normally serving your spouse with divorce papers is simple, the summons is issued and sent via certified mail, or you can get a deputy from the Sheriff’s office to do it.
If you do not know where your spouse is, for instance, they decide to leave and keep their location secret. You need to contact an attorney to get help with this.
What if you know where your spouse is but they live in a different state? Get help from an attorney. Your attorney must make sure the clerk’s office is aware the address provided is an out-of-state address.
Temporary Orders:
Now that the petition is filed and a response is forthcoming, what else is there?
You can file for time-sharing orders, exclusive use of the marital property, child support, spousal support/alimony, and get orders to keep the status quo in place while the divorce is pending.
If you and your spouse have agreements on time-sharing arrangements for your children, you can advise the court there is an agreement or have your attorney prepare an agreed order. It is also important to remember that children are innocent and potentially will feel sad or angry. Validate their feelings but also remind them that the divorce is not their fault and that you both love them.
As these orders are temporary, they can be changed if circumstances change, and an emergency arises.
If any issue does not have an agreement, you will need to file a motion for a hearing and give your spouse notice of the hearing date.
It is also a good idea during this time to decide if you or your spouse plans to keep the marital residence or sell the residence and how to proceed on dividing assets or let the judge determine how to divide the assets and debts.
If there are no other issues, congratulations, you’ve navigated the process of divorce. You can proceed to a final hearing after all these determinations have been made and request that the temporary orders become final appealable orders or if circumstances have changed, explain the changes at the final hearing to get the chance for a different decision that becomes final.
Written by: Cassandra Combs
Cassandra Combs is a dedicated attorney with a diverse background, licensed in Kentucky and Minnesota. With degrees in Political Science, Criminal Justice, and Law, she brings a wealth of experience and compassion to her practice. Cassandra has worked extensively in domestic violence advocacy, legal aid, and family law, including divorce, custody, and protective orders. Passionate about justice and community, she continues to make a meaningful impact both in the courtroom and beyond.
Learn more about Cassandra here.
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THE INFORMATION PROVIDED IN THIS POST IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. LAWS AND REGULATIONS VARY BY STATE, COUNTY, AND SPECIFIC CIRCUMSTANCES OF YOUR MATTER, AND THE INFORMATION PRESENTED HERE MAY NOT APPLY TO YOUR PARTICULAR SITUATION. ALWAYS CONSULT WITH A QUALIFIED FAMILY LAW ATTORNEY TO OBTAIN ADVICE TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. REVIEWING THIS BLOG POST DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR, PUBLISHER, BARROW BROWN CARRINGTON, PLLC OR ITS ATTORNEYS. THE AUTHOR AND PUBLISHER ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON THE INFORMATION PROVIDED IN THIS BLOG POST.
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