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Find Divorce Law Lawyer

Find Divorce Law Lawyer

Divorce Law

Divorce is defined as the legal termination of a marital relationship. Following the completion divorce process, the two spouses return to the legal status of being single and are then free to marry other people. Both marriage and divorce are key categories in family law that are generally governed by state legislation rather than federal law.

There is no denying the fact that divorce can be stressful and painful, regardless of the circumstances. Dealing with the harsh, emotional challenges of a break up along with navigating the legal system can seem overwhelming. Thankfully, there are several measures you can take to make the process easier for yourself and your family. It is imperative to hire an experienced and professional divorce attorney, as well as become familiar with the relevant divorce terms. The following is a brief overview of divorce that includes key legal terms you should know before beginning the process.


Featured Divorce Law Lawyers

Thomas-McDonald Law Firm, P.A.

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Hacker Law Firm

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Feuerstein, Murphy & Beals, LLP

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The Ashmore Law Firm, P.C.

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Law and Mediation Offices of Kelly Chang

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Law Offices of Leanne Perez

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Find a Divorce Attorney

First things first, it is crucial to hire a skilled divorce attorney. Consulting a lawyer before you even begin the divorce process may seem strange, but ensuring you have proper legal representation from the get-go is a great way to start off on the right foot.

A divorce lawyer can provide you with constructive advice on how to approach your divorce and how to break the news to your spouse.

Telling Your Spouse

Once you are sure about your divorce, it is important to notify your spouse. You can opt for your attorney to send a respectful letter to your partner stating that you are filing for divorce, which can help set the tone for a calm divorce. If you choose to break the news to your partner yourself, choose a time that gives both you and your spouse the time and space to properly discuss the matter. Be sure to speak calmly and respectfully as any threats or insults can be later used against you in divorce and child custody proceedings.

Collect Relevant Information and Documentation

Similar to most legal processes, divorces tend to involve plenty of paperwork. Before officially filing the divorce petition, it is highly recommended to collect and organize your financial documents as well as relevant evidence in cases of divorce. Making at least two copies of your income tax returns, pension plan information, social security statements and other financial documents is generally advised. Evidence in fault divorces typically must include proof of abandonment, adultery, abuse or cruelty, depending on your state’s specific laws.

Filing the Petition

Now that you have all of your paperwork in order, officially filing the divorce petition is the next step. The petition for divorce will be filed by one spouse and served on the other spouse. This document, that technically triggers the formal divorce process, includes critical details regarding the divorce. Once your divorce is filed, the respondent will send a reply and initiate the exchange of documents.

Exchange and Analysis of Documents

At this stage, the couple will begin exchanging the relevant information that was collected during Stage 3 of the divorce process. You and your attorney may also choose to consult with financial experts that will help analyze the documents that will eventually be used to determine important matters such as property division, child support, child custody and alimony payments.

Mediation or Settlement

Depending on the jurisdiction, you may be required to carry out mediation with your spouse before the court is able to decide on matters surrounding your divorce. Once a settlement is reached, it will either be approved or rejected by the judge. If the court does not approve of the settlement, the case generally goes to trial. Each side will present evidence and arguments throughout the trial, and the judge will resolve any remaining issues.

Seeking Legal Support

Having trouble coping with the challenges of divorce? You are not alone. According to the American Psychological Association, 40 to 50 percent of all United States marriages end in divorce or separation. Divorce can cause tension and conflict within the entire family and lead to a variety of serious consequences. Maximize the chances of a positive outcome by hiring a professional divorce attorney with Attorney At Law.

Contact AttorneyAtLaw.com

Are you looking for an attorney? Do you have questions about a legal case you are facing? Contact us now and we will put you in touch with a lawyer for free.

Divorce Law Frequently Asked Questions

1. How much does a divorce cost?

The cost of a divorce can vary depending on how amicable the separation agreement is. The median cost for a divorce in 2022 is around $7,000. This cost can include attorney’s fees, administrative costs, and fees for mediators or other negotiation advocates. Additionally, as the asset values at risk increase, the cost of a contested divorce can rise proportionately.

2. How long does a divorce take?

The answer to how long a divorce takes is as long as necessary. Many states have a minimum time that must be waited before a divorce can be finalized. This mandatory waiting period counts the days from the time that the spouse was served with divorce papers and typically ranges from 2-3 months. 

However, this assumes that the divorce is amicable. In more contentious divorces there may be extended periods of negotiation, mediation, and settlement. If neither side is willing to compromise on the division of assets or custody of children, the process can take years. 

3. What is a contested divorce?

A contested divorce is a divorce proceeding in which at least one major issue is not agreed upon. Common subjects of contest in a contested divorce include custody of children, division of assets, alimony amounts, and child support payment amounts. Contested divorces are the most expensive and the longest type of divorce proceeding because of the amount of time, money, and stress that goes into resolving the contested issue.

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