How to get a divorce

Once the decision to get divorced is made, timing is important. The person who files first is the plaintiff. The plaintiff can have advantages of divorce procedure by directing the case in its early stages. This can often lead to a stronger negotiating position. In addition, if there is a trial, the plaintiff's lawyer will argue first, which can be an important persuasion advantage.

In order to be well prepared to divorce procedure, as a divorce settlement can affect the relationship between two adults for a long time, especially if there are children, it is necessary to do some homework as on your own, as in close cooperation with a divorce attorney. Set aside time to "work" on the divorce. It is necessary to collect important divorce papers and read the material the lawyer gives out. Examples of divorce papers needed are: pay records for the current year, financial statements, employment contracts, explanations of benefits, and all canceled checks and credit card charge records for at least the last twenty-four to sixty months. Be sure to make copies of anything that might be important before it disappears.

Getting over a divorce is a very difficult ordeal. The best divorce advice you can get is given by a well-qualified lawyer. Work in close cooperation with your lawyer to find reasonable solutions that are win-win for both sides as much as possible with your soon-to-be ex. Reasonable compromise yields quicker results in divorce cases. Bare in mind the courts will place significant pressure on you to discuss settlement before you go to trial.

Fully disclose all your assets and property to your attorney at the outset of the case. Ask your attorney to answer your questions to get divorce advice. Your attorney works for you, try to make sure the line of communication with your attorney is maintained. The breakdown in communication promotes extended litigation. Provide your attorney with a copy of your most recent statements for all of your financial accounts. It will help him/her to prepare divorce forms for you.

In addition, divorce procedure will require physical and emotional efforts. Start a program of physical fitness, it will help you in many ways. It is recommended that you do so with a good and trusted friend. Maybe someone that has been through the process before.

Be prepared to a long divorce procedure. The process begins by an attorney for one party, writing a letter of introduction to the other spouse, advising them that they have been retained to commence divorce proceedings and suggesting, and asking for the name of that spouse's counsel. Too many participants ignore that letter, which then requires the plaintiff, the moving party, to serve a Summons and Complaint via the Sheriff's office upon the other spouse. If an attorney is retained, the attorney can acknowledge receiving the Summons and Complaint, thus eliminating the embarrassment and anxiety of having legal papers served by the Sheriff's officer. Once the Complaint has been filed and served upon the other spouse, the defendant ordinarily has 35 days to answer the Complaint and file a Counterclaim for divorce if desired.

It may take from six months to three years to have a Hearing, depending upon the backlog of cases in the county where filed. It is important to be well prepared to answer the questions regarding children, owned or rented marital residence, personal property, support, life insurance, medical insurance, college, and miscellaneous provisions at Hearing. If a settlement on all issues is reached, the case is then known as an "uncontested case" and can immediately be scheduled for disposition.

On the contrary, the contested case drives people to their therapist and sometimes the poor house. The longer it takes to divorce, the longer the conflict continues. During this period of conflict there is a multitude of issues which arise. Those issues are generally custody, support, medical and life insurance, payment of taxes, mortgage payments and other debts, auto repairs, college expenses and others. This process is called discovery process, requiring an exchange of all relevant information. It is designed to enhance the settlement process.

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