Unhappy marriages lead to divorce, and it further causes depression. Some situations are too worse where reconciliation is impossible, and separation is the only option left behind. It has been easy to file a divorce case to avoid more panic and frustration. There are several steps you need to follow while filing a divorce case.
Table of Contents
Step 1 to file for divorce.
Eligibility
Different countries have different rules for the eligibility of filing a case. Some countries only allow you if you are a permanent resident, but others demand a minimum six-month stay for considering you eligible for this purpose. If you don’t fulfill their requirements for eligibility, then it would be better to consult a legal lawyer or attorney who could help you in a better way and suggest a way out of this problem. Both spouses must be living in the same country to file a case, but if one of them is living in another country, the applicant needs to file a claim in the country where their spouse lives.
Step 2 to file for divorce.
Visit family lawyer or law attorney.
Seeking consultation from a professional is always better to avoid any unwelcoming situation later. Some lawyers provide free consultation, but some heavy charge fees to give you a better solution. But you can take time to decide whether to consult them or not. Some legal aid offices help you in every possible way on divorce and make it easy for you to go through the whole process smoothly.
Step 3 to file for divorce.
Checking forms
Once you have consulted a legal advisor and decided to take divorce or file it on your own, the next step is checking out all the forms and documents you would need to complete the process. You can get these forms on the official court website or visit family law court for this purpose. One advantage you will have for visiting the court would save you from further complications by giving the right forms required in your case. Your marriage certificate is a must document for filing a claim, so keep it with you to avoid any delay in filing for divorce.
Step 4 is to file for divorce.
Separation agreement and children custody
Children custody is another hard decision made by spouses. If a spouse agrees to keep all children with him, then they will have to prove that children’s safety would be considered at every cost. If the mother keeps children with her, then the father would be responsible for their expenses every month, and a decision on the father’s property would be made before the final divorce. But it depends on the country’s law where they are currently living to file for divorce.
Step 5 to file for divorce.
Complete divorce petition and signature
Once all things are clear regarding property and custody, the next step is to complete all the forms by writing true and exact information regarding your spouse. It includes their name, full address, date of birth, and current residence. If any information is missing or you do not have any idea about it, then better consult a lawyer so that he may give you away or any other alternative. Then sign the petition or papers to confirm your contentment for this divorce to file for divorce.
Step 6 to file for divorce.
Take forms to family court.
You need to get two copies of all the forms and take them to your family court. The clerk will sign and stamp these copies and give them back to you. One for your record and another for your spouse. They always keep original forms with them for their record. Then pay the fee for filing a petition. The clerk would inform you how much and where to pay this fee to file for divorce.
Step 7
Sending legal notice to your spouse
Another spouse would get legal notice and be informed about your case filing. Courier or post office service is used as proof that they were informed about the case to file for divorce.
Step 8
Court hearing
You will get the court notice for the hearing, but he will let you know about the hearing date if you hire an attorney or lawyer. Sometimes you may have one or two hearings before the final hearing if things are a little bit complicated. Make your presence possible at every hearing, but if you cannot reach there, you must contact the clerk. Once the final decision is made, get a copy of the final decree and keep it with you.
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