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I don't even know the first step...

2007-01-20 05:58:55 · 18 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

18 answers

he first step os to find a solicitor/lawyer who specialises in divorce. (many solicitors dont like to do it as its a messy procedure)
your solicitor will talk through the reasons with you and based on these reasons he will file a petition to the courts. this will take approximatly 6 months if all goes smoothly. once the petition has been granted the solicitor will then send ur ex a copy for him to sign. if he agrees to it and signs it then it will go back to the courts for them to deal with. u will be sent a form called 'afidavit' (or somrthing like that) that u will need to take to your local court to be sworn. all u have to do is put your hand on the bible and swear that its genuine. they will then stamp and date it and you will need to send this back to your solicitor who will then finalise it in court. unless you are going for a custody battle or assets then you will not be expected to attend court yourself.
it will cost you anything between £1000 and £5000 for a straightforward divorce. however if you are not working you will be entitled to what they call 'legal aid' which will cover all your costs. your solicitor will talk u through it and it involves signing a few forms.
i am going through it right now.. but due to my ex not signing the papers on time it has so far taken almost three years.
after 2 years of seperation u can file a petition based on 'irretrievable breakdown' which is what i had to do in the end as my ex wouldnt agree to my terms. as it was originally based on abuse it was actually supposed to be all done with in 6 months of filing the petition. but my ex is an ****!!
good luck to you and i hope you will be happy in life.

2007-01-20 06:35:01 · answer #1 · answered by Anonymous · 0 0

It depends on the split is amicable or not and whether or not children are involved.

If the split is amicable and you both can agree on terms, there are do-it-yourself online forms, depending on what state you live in and all you have to pay is the filing fees and Court Costs.

If it is not amicable and there are children involved, you need to see a lawyer that specializes in divorce/family law sooner than later to protect your rights and property. It can be pricy...minimum in generally $500 and some attorneys want an up front retainer starting at $1,500...others, if you don't have an income or little income and your spouse is the breadwinner, will accept the minimum amount to file the paperwork with the Court (usually under $100) then go after your spouse for the attorney fees.

2007-01-20 14:05:13 · answer #2 · answered by bottleblondemama 7 · 0 0

It all depends on the state you are in and how you want to go about it. First, find out what the laws are concerning your particular state. Then decide if you want an attorney (probably a good idea if you have a lot of shared assets) or if you just want a quickie divorce. Look up some info on the Internet. It can be a great tool.

I live in PA and I did mine the quickie way 3 years ago (best thing I ever did by the way....LOL!) I called a divorce attorney from the newspaper, they sent me the papers, I filled them out, sent them back and in 6 weeks my divorce papers were in the mail and it was done!

Good luck!

2007-01-20 14:04:00 · answer #3 · answered by TTC Cycle#20 2 · 0 0

Here is my advice and you can take it or leave it. In 2004 I caught my now ex husband in the act with one of his cashiers. Up until that point, I thought we were happy. My advice is for someone who will be going through a messy divorce.
Step 1--Get your game face on. Do not look or appear as if you are even the slightest bit frazzled by the divorce.
Step 2--Get MEAN. Clean out the bank accounts. Afterall, you and your spouse support one another right? Not anymore. CLEAN HIM OUT! Get access to all of the credit cards, savings, loans, everything and get him taken OFF. If he has direct deposit, even better. Open a new account and transfer all of the money. Then CLOSE the accounts you held jointly.
Step 3--Shut off his utilities. I am not just talking about his cell phone either. Call the electric company, the water company, the gas company, and if you were like me and his car is in your name REPOSSESS IT!
Step 4--Hire a damn good lawyer. Especially if you have children involved. Divorce is very expensive. Mine cost over $10K.
Step 5--Go to Radio Shack and purchase a tape recorder for your phone. RECORD EVERY SINGLE CONVERSATION THAT TAKES PLACE BETWEEN THE TWO OF YOU AND ANYONE ELSE RELATED SO THAT YOU CAN USE IT IN COURT.
Step 6--Stay in contact with friends and your family. Do not withdraw and become depressed. Divorce happens.
Step 7--Nail his *** to the wall in court. Get dirt and go for it.

Good luck future divorcee. Remember that life will always put bumps in your road. You will get through this and you will be fine. Best of luck to you!

2007-01-20 14:17:20 · answer #4 · answered by Happily Married Mama of 3 1 · 0 0

Its best to find a local attorney who specializes in family law. You will have to give a retainer and sign an agreement. The attorney will put in an Appearance with the court on your behalf and draft a Complaint to be served on your spouse. Without knowing what state you live in, I cannot tell you specifics about how long it will take. In CT there is a 90 day waiting period. You will have to file for exclusive use of the family home if you want your spouse to leave the home and if you have kids you will need to request the court give you temporary custody.
The length of time may depend on your spouse and how long they drag out the proceedings and if you disagree on anything.
Bring a marriage certificate to the attorney along with your financial information. How much you make, your bills, expenses, etc so they can prepare a Financial Affidavit.
I hope this helps!
Good Luck

2007-01-20 14:04:52 · answer #5 · answered by tinafrawley06 2 · 0 0

Your first step, is to find out if your spouse is going to contest the divorce (contest the divorce means are you going to "fight" over children, property, etc.) If it is contested, I recommended hiring an attorney. If not contested, you can go online or to your local library and get the petition for divorce and fill it out yourself. (It is self explantory) Once you have filled it out, you must file it with the Court Clerk in your county (or parrish if you live in Louisiana) If it is not contested, your spouse will have to sign a waiver stating that they are not contesting the divorce. Once all that is done, the court will set a hearing date for your divorce. Soon after that you will be single again!!!!!!!!!!

2007-01-20 14:09:27 · answer #6 · answered by Steph 3 · 0 0

The first step is to get a lawyer; they can tell you what all needs to be done and file all the paperwork! The next step is to go through 6months to a years worth of court dates and HELL! Good Luck!!

2007-01-20 14:29:04 · answer #7 · answered by JeffHardy4Eva 3 · 0 0

Talk to an attorney. Even if there is nothing to split, you still need an attorney to make it all legal.
The attorney will let you know everything & anything you need to know about Divorce.

2007-01-20 14:03:13 · answer #8 · answered by Bornredprincess 4 · 0 0

Go to a bookstore and buy a book on how to do your own divorce. Fill out the appropriate forms and file them with your local courthouse. It won't cost you anything but the filing fees.

2007-01-20 14:08:11 · answer #9 · answered by AnnieD 4 · 0 0

Go talk to a few attorneys. Most have a free 1/2 hour consultation.

2007-01-20 14:01:55 · answer #10 · answered by S. W 4 · 0 0

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