A good Divorce Attorney knows that every case is different. Therefore, his/her first job is to listen and make careful notes as you relate the facts of your case. Divorce attorneys offer initial consultations, sometimes for free. This 15- or 20-minute meeting allows you to get to know the attorney and decide if you are comfortable hiring him.
Your attorney starts your divorce by drafting and filing the initial petition — and then filing any additional required forms. He/She takes your personal financial data and organizes it into a court-required financial affidavit format. Your divorce attorney also calculates spousal and child support based on your state’s guidelines. He/She then fills out supporting paperwork, such as the Uniform Child Custody Jurisdiction and Enforcement Act form, required in all states if a divorce involves minor children.
If your split is friendly, and you and your spouse are not arguing over money, property or custody, your divorce attorney will guide you through an uncontested divorce. If your attorney feels you are entitled to financial support during the divorce process, he/she will file a motion with the court, asking for it.
If you can’t agree on division of marital assets, support, or issues involving the children, your divorce is contested.
A divorce is a legal proceeding that terminates the marital relationship between you and your spouse. The person filing for divorce is called the “plaintiff” or “petitioner” and the other party is called the “defendant” or “respondent”
Most states allow you to file for divorce based on certain grounds. “Grounds” refer to the reasons for the divorce, and these reasons can vary from state to state. Grounds could include adultery or abuse.
A divorce cannot be undone. After you and your spouse have gone through the divorce process and all matters have been resolved, the judge will sign the final divorce decree. Once this happens, you and your spouse are legally divorced.