How do you start divorce proceedings?

Question

What is the first step? Serious answers please!

Answer 1

get a lawyer!

Answer 2

You really didn't give enough info, like what state you live in, or if there are kids involved. I did my divorce by myself. " In Pro Per." In California. I went to the Court -for my county- and got a divorce packet. I think it cost me less than $5. I paid $90 to a paralegal to fill out all the initial paperwork for me before I filed. She taught me a lot on how to do the rest. The first most important paper is the petition for dissolution of marriage. If you want a restraining order, that should be included with the dissolution. You will have to make copies. Sometimes they will copy them for you at the clerks office for a fee. One for the Court, when you file, one for you, and one for your husband which will have to be served to him by an outside party. Because there will be a hearing issued when you file petition at court. Sometimes the sheriff's office will also serve them (I'm not too sure how much that will cost, but best bet would be to have a close friend). The person who serves him will have to sign an affidavit, which will have to be filed before your hearing. There's alot of filing. That just get's the ball rolling!

If you have money for a lawyer I suggest you use one. Mine was such a headache and took forever because my ex failed to pay the filing fee (which there are plenty of) and I had to wait a long time before it could be finalized. I refused to pay it myself. But if you have the opportunity in your area, talk to a paralegal. They can give you all the info you need and help alot.

Answer 3

some states are different. My state requires a 6 mo. separation period before a divorce can be filed. Next, your attorney will file a bunch of paper work... including counts for the divorce, child custody (if any), and division of property. If it's an amicable and agreeable split, things should go pretty easy and pretty quickly. It's when they're nasty that you'd better prepare for the long hall.... I mean, paper work, hearings (not infront of a judge, usually infront of a mediator type person.) battling back and forth on who gets what, who's entitled to what... yada yada... messy

Answer 4

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Answer 5

You decide its what you really want. Make an appointment with a Divorce solicitor and ask for a free half hour to check out your rights and get some information about how to proceed.

Answer 6

1st step is to seek out a family law attorney. Consult with him your situation. If you are confident with this attorney retain him/her. The attorney will then draft papers up to present to the courts....Temporary Relief.....the spouse will then be processed served and will have 30 days to respond to your petition. Depending on the state you live in the process for divorce could take anywhere from 60-190 days. I have seen divorces take longer if both parties are not in agreement with their marital settlement agreements. The MSA (marital settlement agreement) takes place close to the end....and is filed at the same time of the dissolution.

Answer 7

Today with an uncontested divorce it is more just a matter of paperwork being filed with the court. Most people start out with an attorney, and pay them to file all the papers.

Answer 8

Step #1 seek a Lawyer. But.... make sure you get a good one. Ask questions. If he/she doesn't answer questions to your statisfaction, then search for another. Once your divorce is final you will be starting a whole new life for yourself. You want to make sure you start out on your new journey with the right foot forward.

Answer 9

Get a solicitor and they'll get the ball rolling for you.

They serve a notice or something stating your intent to start divorce proceedings.

Answer 10

I just started going through this then i went back to my husband. I called a lawyer and told them i wanted to get a divorce they set me up with an appointment. I went and told him we had children. He set me up with a court hearing for temp custody and child support. I went to the first hearing and then after that we were suppose to go back to court for the property to be split up. So all you have to do is call a lawyer and they will start it for you. They usually let you make payments. Good luck

Answer 11

You go to your local courthouse and tell the clerk you wish to file for divorce .It is really quite easy . I live in fla and very easy to get divorce here. What state do you live in ? If it is a state that recognizes common law you might have a harder time. But you should'nt have one . Good Luck to you.