What are The Vital Steps to File A Divorce

Living in a loveless marriage is extremely dreadful. The non-co-operation and absence of understanding often lead a couple to divorce. Nowadays, we tend to see many divorce cases in urban settings as this culture is not new. Whether it is mutual or well-contested decisions, divorce lawyers help simplify the court process.

There are two ways one can proceed with a divorce filing. One is the Mutual Consent Divorce, and the other is Contested Divorce.

• Mutual Consent Divorce

A mutual consent divorce occurs when both the parties (husband and wife) are willing to divorce without any pressure from family, peers, or society. It is the individual decision of both parties. Following are some steps to be followed for mutual consent divorce:

1. In this divorce case, both parties should simultaneously file for the petition.
2. After filing a petition, they should appear before the court and record the statements.
3. The statements recorded by the court will be thoroughly cross verified and examined through provided documents.
4. The court states first-order.
5. The couple is given a time of 6 months to rethink their decision. The trial period given contains counseling sessions.
6. The second motion passed roughly within 1.3 years of the first one. Their respective divorce lawyers make this happen earliest and hassle-free.
7. Finally, the decision of separation is announced by the court legally.

Time took: A mutual consent divorce can be obtained within six months as the thought behind the divorce is aligned, i.e., separation in front of the spouse. Fewer court hearings and disagreements are seen in this matter. The court can waive some period between the first and second motion. The earliest a mutual consent divorce still takes about two years for completion.

2. Contested Divorce

In a contested divorce, one of the two parties unhappy or unsatisfied by the marriage files for separation. This divorce process is fought within the court with all the documents and proof against the other party. As the name suggests, this particular process is a battle to be contested by both husband and wife to win legally. 

• In this case, the first petition is filed by either of the two to start the case.
• The court issued a summons at the earliest depending upon the other person’s statement and complaint.
• At this time, a reply from the spouse is needed for further process.
• As the contest starts, the court tries to examine the witness and evidence provided by both parties.
• The divorce lawyers present closing arguments to close the case.
• The court gives the final verdict. 

Time took: In a contested divorce, the main argument itself differs. The period and frequency of court hearings increase. This is because of the complications in the statements and the case itself. A contested divorce can take a long period of three to five years.

Now You Know!

Although the divorce procedure is hectic, one constant legal support is the divorce lawyer present by your side. They know your case and help you in your most challenging life situation.

No state requires you to hire a lawyer for your divorce, but it can make sense for the spouses to consult separate lawyers before beginning the divorce process or before signing off on the MSA. Hiring attorneys will certainly increase your divorce cost, but in the end, it can also save you stress and protect your rights. If you’re undecided, take our quiz for feedback on whether DIY divorce, private mediation, or hiring an attorney might make the most sense.

If you do decide to hire a lawyer, you’ll have to find your own attorney—you can’t use your spouse’s lawyer in your divorce. Family law attorneys can’t represent both spouses in a divorce case because of what would be a conflict of interest. (Each spouse has separate interests to protect.)