Child & Divorce

How To File For Divorce

Please note that although as much of the information written in this report as possible will be applicable to all countries, local laws do change depending on where you live, and it is always advisable to seek the advice of a divorce lawyer in these circumstances.

How Much Will It Cost Me To File For Divorce? - There is a basic charge payable to the government of your country of residence in order to file for divorce and this is usually around $200. If this file is contested, or a response is issued an additional charge of $200 will be added. These fees are not inclusive of fees payable to your divorce lawyer.

Where Can I File For Divorce? - You should begin by filing for a document known as a divorce petition, and can obtain and file these at your State Court as they have power over these matters. Some states have a family or divorce court division within their supreme or circuit courts meaning that the same action should be taken there. Dependent on the size and population of the area in which you live you may find that your court has a number of areas where you can do this.

What Steps Do I Take? - Please note that in some states the divorce petition form is also known as a 'complaint'. The same rules and procedures apply. Filing this form with your local court is the first step, informing the court of your wish to end your marriage and beginning the process of the divorce. This will also inform the other party involved if they are not already aware that the divorce process is underway.

The divorce petition is made up of a number of sections and it is important that all sections are completed in full when you file. You will need to identify both yourself and your partner by name and address. You will need to specify the date and place of your marriage and also give information about any children of the marriage. You will then need to go into some detail about grounds for the divorce, as well as declaring how you wish things such as finances, custody of children etc to be handled. You will also need to acknowledge that both you and your partner have been living in the country/state of your residence for a sufficient amount of time prior to applying for the divorce.

When one side of a marriage partnership files for divorce the other side automatically becomes the 'respondent' and is served with the divorce suit the same way they would be served with a lawsuit. In a similar way, the respondent has a fixed amount of time to answer the divorce filing and question or challenge anything contained within. Much like a lawsuit, it is important that the strict timelines are adhered to in order for the respondent to retain their right to argue or contest any of the suit. As the respondent, you are essentially doing two things at this point; acknowledging receipt and understanding of the divorce request and either agreeing or disagreeing with it. You should use this form as a chance to challenge anything you feel is wrong and can obtain suitable forms in order to do so. For example, if the spouse who is filing for the divorce believes that they are entitled to sole custody of children without visitation rights for the respondent, you should use this form to clearly state your objection and your reasons for it. You can also make your own demands at this point.

Once you have filed for a divorce and the respondent spouse has received and answered the papers, the divorce process enters the 'discover' stage. This is where both parties will declare and exchange information relating to their personal, financial and economical status including matters such as equity ownership, financial stability, income and debts etc. Both the courts and your attorneys will use this information to ensure that division of property and other equity is done fairly as well as ensuring that custody of any children is issued at the best interest of the minors involved.