The Divorce Process – Benzinga

The divorce process is a complex and emotionally taxing event that requires an understanding of the applicable legal proceedings if you want to be fair to both parties, your children and your families. From filing to decree, it encompasses multiple phases. Have a look at an in-depth review of each step involved with a divorce and how you should navigate this situation.

Prior to beginning the legally binding process for dissolution of your marriage, think carefully and prepare emotionally because of the gravity of the situation. Exploring all available alternatives such as counseling or mediation can provide insight into viable options prior to proceeding further. It may also be beneficial to seek counsel from qualified professionals who are knowledgeable about state laws and regulations regarding divorces in order ensure appropriate steps are taken.

Retaining competent legal counsel is essential to effectively manage the intricacies of a divorce. Family law attorneys offer advice, protect their clients’ interests and aim to reach an amicable settlement with regards to property division, child custody issues and support or alimony payments. 

Alternative dispute resolution techniques such as collaborative law or mediation can be used to keep the process out of court, or you may need to use a mediator when the divorce process stalls and you or your spouse cannot come to an agreement.

• Divorce.com
• Marriage.com
• Verywellmind.com
• Survivedivorce.com
• Letsgetdivorced.com

Once you’re ready to file for divorce, you need help from your attorney with submitting documents which outline requests concerning child custody, support payments, alimony arrangements and the division of assets.

When you work with your family law advocate or attorney, they will help you outline a child visitation schedule, inventory and divide assets, calculate child support, calculate alimony, etc. Those documents are all submitted to the court on your behalf and your lawyer/their office will communicate with the court to determine how the decree will be issued.

If a settlement is not possible, the case will go to court and the discovery process will begin.

The discovery phase involves gathering financial information pertinent to the proceedings, including income sources, assets and liabilities of both parties with full disclosure being paramount for transparency. Your attorney will collect documents and request information from you, and your spouse’s attorney will do the same. You must be forthcoming, especially with your lawyer, so that all information is on the table. 

Hiding information during discovery will only serve to hinder or dissolve your case now or in the future. 

Mediation is an option where spouses are able to negotiate matters concerning support payments and property division under the guidance of a neutral mediator. Generally, a mediator is a former judge who hears both sides, helps the two parties come to an agreement and sends documentation back to the court.

If mediation doesn’t work out, you may go to trial before a family law judge. Keep in mind, as well, that you will spend more and more money on legal representation.

Finalizing the divorce requires a decree from the courts which lays out all the terms agreed upon through either negotiation or trial, along with outlining custody details. The divorce decree is a pivotal document that is used to make many life changes, including:

• Removing spouses from financial accounts
• Changing insurance coverage
• Adjusting property deeds or titles

Following the divorce, it’s crucial to address post-divorce matters such as implementing custody and support agreements, updating legal documents, and adapting to new financial circumstances. Seeking emotional support and counseling can aid in adjusting to the changes.

When you’re looking for legal resources, check out Benzinga any time for help starting an LLC or where you can begin your search for an attorney. Whether you’re going through a divorce or have a great idea, there’s something for everyone.