Completing the filing process is only the beginning step in getting a divorce. Often you will face mediation sessions guided by a divorce mediator, have classes you have to attend, and may even be required to complete other steps as determined by the judge before your divorce becomes final. When everything has been completed, the final divorce paperwork is presented to the judge and he will sign the divorce decree granting the final divorce. This process can often take months to even years to complete depending on your individual situation. Here are the general steps you must complete before your divorce is final:
Determine Type of Divorce
Before filing for divorce consider the options. When you feel divorce is the best solution for you and your spouse determine which type of divorce you want to pursue. The types of divorce are a no-fault divorce or a fault divorce. A no-fault divorce is filed when both parties agree that the best option is to end the marriage without contest. A fault is filed by one partner who asks a judge to rule that the other spouse has violated the marriage agreement and the marriage should be dissolved. Once initial filing paperwork is completed it is submitted to the court and if necessary served to the other spouse.
Dividing Assets & Child Custody
After initial paperwork if filed, you will begin to work with the other partner though the dissolution of the marriage, asset division, and even child custody issues. If both spouses are amicable about the divorce and these decisions this portion of the divorce can go very smoothly. If there are a large number of assets, the partners disagree, or there are issues of contest the divorce could be dragged out for a longer length of time. Division of assets, child custody, and other important decisions can be made with the help of a mediator or lawyers. Depending on the consent and agreement between the two parties this portion of the divorce process can take the longest.
Court Ordered Classes
Depending on the state you live in, you may be required to take court ordered classes about divorce and more often about child custody. These classes are a requirement to finalizing your divorce and are designed to help you understand the consequences and requirements that you will be agreeing to during your divorce. Child custody classes will focus primarily on custodial parent, visitation rights, and child support.
Final Divorce Paperwork and Appeal
When all necessary steps have been completed final divorce paperwork is completed, signed and submitted to the judge. The judge will review the information and issue the decree of divorce. There is a period of time open for appeal. It is after this period of time for an appeal that your divorce is final and you are eligible to pursue new relationships and marriage.
As you work through the divorce process you will begin to divide assets and determine custody issues. These can both become complex and detailed mediations depending on the amicability of your separation. As each item is decided you will get closer to finalizing your divorce. You can complete required divorce education, and finally present everything for finalization. Once your divorce is final you will be free to pursue new relationships and if you find the right person marry again.
Finalizing a divorce can be stressful and overwhelming and can show the worst in people. It is a good idea to seek a divorce mediators advice and guidance to avoid the process from becoming ugly. Please contact us at Common Ground Divorce Mediation for a Free Consultation.