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What Steps Do I Go Through When I File for Divorce?

I have decided I want to get divorced. Now what should I do? You should consult with an attorney, CPA, financial planner, and in some cases you may be emotionally distraught and want to speak to a counselor too. Each divorce is different. Most attorneys will charge you a fee for an initial consultation. At the consultation, you will discuss your case. If you want to proceed with the case, the next step is to file a Petition for Dissolution of Marriage with the court. You will have to pay costs to do this such as: filing fee to clerk of court, costs for summons, and costs for process server to serve your spouse. Your spouse has 20 days to answer the petition for dissolution of marriage after they are served. They may also file a counter-petition. If they file a counter-petition, you must answer that in 20 days. You will also have to produce a lot of financial documents. That is called mandatory disclosure. These financial documents are due 45 days after service of the dissolution of marriage paperwork. After you have had sufficient time to review these documents, you can try to reach a settlement by a marital settlement agreement; or your case can be set for mediation. If there are children involved in the case, and there are custody issues, you will also need to complete a parenting class, proposed parenting plan, and proposed child support guideline worksheet. At mediation there is positional bargaining between the parties in order to come to an agreement to resolve the case. If you cannot resolve the case at mediation, then your case will be set for trial. At trail, both parties present their case and evidence. The judge then decides the outcome of the case. This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.