A Step by Step Understanding of the Divorce Process
Divorce can get complicated and hard to know how to navigate. Having a good understanding of what to expect and what the process is can make this emotionally challenging time a little bit easier. So whether you’re already started with your divorce with a divorce attorney Provo or considering divorce, this guide can be a good resource to help you know what to expect during each stage.
- First, you will want to start with an initial meeting as a consultation with a divorce attorney In your consultation, you’ll be able to get a good feel for the attorney. He will likely ask you a lot of questions and ask you what concerns you have. He will go over your legal options to help you decide the best way to move forward based on your specific situation.
- The next step in the process will be to file your divorce petition. The divorce process is officially kicked off when one side files the divorce petition or complaint in the court. The petition will outline what your reason is for requesting the divorce and it can also include specifics like property, child support expectations and alimony.
- After you’ve filed your divorce petition, it becomes a waiting game. Your spouse will have a certain amount of time to respond. They will either agree or disagree with what you presented in your court filing. Most of the time the other spouse will have things they disagree with which can lead to negotiations or mediation to come to an agreement.
- Next is the discovery step. In this step, there is a lot of gathering and sharing of details about pertinent financial details like shared debts, income and assets. This step in the process also requires patience as it can take time for the other party to gather and share documentation.
- The likely next step will be negotiation and if needed, mediation. Have a neutral 3rd party mediator can be really valuable as you traverse differences of opinion and disagreements related to things like custody and asset distribution. With a mediator you can get the help to come to acceptable agreements.
- If children are involved, one of the next steps will be to come to terms on a parenting and custody plan. This is a critical step in the process and it is important to set aside whatever differences causing the divorce so you can focus on what is in the best interest of the kids. Things you will have to consider will be keeping them in the same schools, decision making responsibilities, visitation and custody.
- Next up will be dividing up the assets. The trickiest can be property. In some cases the home can be sold and the proceeds split 50/50 but it can get especially sticky if there are more than 1 property and/or if one of the parties wishes to stay in the home. Keep a cool head as the negotiations can get intense and take full advantage of a mediator as needed. Your attorney will help give you guidance.
- Figuring out the Alimony is typically the next step in the divorce process for those couples where there was a dependent spouse or one of the spouses earned less based on picking up other non-monetary responsibilities in the marriage. Things like how long you’ve been married and each spouse’s earning capacity are taken into consideration when figuring out an amount and term for alimony.
- If you get to this step and everything is agreeable, you can move straight to a settlement. The settlement agreement will be created and sent to the court for review. In the settlement agreement all of the details like alimony, custody, property, etc… will be covered and the court will review and send back or any necessary clarification and ultimately approve it.
- If there are still disagreements and you can’t come to a settlement, your divorce case will need to proceed in the courtroom. You and your spouse will each present your case and arguments and leave it to the judges discretion on terms of disagreement.
- When everything has been agreed upon whether on our own, through mediation or with the help of the court, the divorce decree can be issued. The decree finalizes the divorce and terms.
- Even after the divorce is finalized, you may need the help of your divorce attorney and the courts to enforce what was agreed upon.
In conclusion, keep in mind that the process can vary and our list is not comprehensive. Every divorce is different but hopefully this list gives you a basic idea of what to expect. Work closely with your divorce attorney. Call to schedule a consultation today and we at Larsen Law Firm will help you along every step of the way.