Last Updated on May 1, 2024 by Daniele Lima
Learn more about the divorce process procedures
Divorce is a process that involves many steps, and most of the time becomes difficult to deal with emotionally. Ending a relationship legally is not something simple, when it involves children, and the division of assets, then the issue becomes even more delicate.
Although apparently a common process in many societies, divorce procedures vary according to the laws and customs of each country.
The length of a divorce process may vary from case to case. Some resolve themselves quickly, and amicably, while others can take months or even years to complete.
In this article, we will explore the stages of the separation process, to clarify and help make this period, which for some people is extremely difficult, less complex.
Table of Contents
Decide the divorce
The first step in the divorce process is sentencing. This decision can be made by one or both parts of a couple and can be due to many different factors depending on the relationship.
Some cases are due to gender incompatibility, communication problems, betrayal, beliefs, values, and countless other reasons that lead a couple to make this decision.
Regardless of the reason, opting for rupture can be difficult for both parties involved. But at the same time, it can be a choice that will bring balance to the aggravating situation of many cases.
Find a lawyer
Once the decision to divorce has been made, the next step is to find a good lawyer in this area.
The lawyer’s role will be to help the couple navigate the legal process and ensure that their rights and interests are protected.
When choosing a lawyer, hire a professional who already has good experience in rupture, and who inspires you with security and confidence in his work. Remember that it’s important to be very sincere in all the information you give him for the process.
Financial communication
Probably one of the first things a divorce attorney will ask is that spouses disclose their finances.
This part is known as “financial disclosure”, and it is a very important moment for a fair division of the couple’s active and passive finances.
During this process, the couple must submit information about their income, expenses, assets, and liabilities, including bank statements, credit card statements, income, and tax returns.
Child custody and visitation agreement
In the separation process, when the couple has children, it is necessary to make a custody and visitation agreement.
This agreement can be made informally between the spouses, or through a formal legal process.
It will thus be established through this agreement, where the children live and when and how the visiting hours of the other party will be. Remembering that this is a very delicate stage for children and that their well-being must come first.
Asset division
The division of assets is usually one of the most complicated in terms of agreement, but it needs to be very well discussed and decided between the couple.
This division includes common goods such as houses, cars, properties, and others.
If the couple reaches an informal agreement about the division, the process will be faster and cheaper than formal litigation. Otherwise, the judge will decide on the division of common property. It is important to remember that in case a judge decides, the division will not always be equal. He will take into account such factors as the length of the marriage, the financial contribution of each spouse, and the needs of each after the divorce.
Uncontested divorce versus contested divorce
An uncontested divorce occurs when both parties agree to the terms of the divorce, this includes division of property, maintenance and visitation arrangements, and other important details.
On the other hand, a contested divorce occurs when one of the spouses does not agree to divorce, or when the couple cannot reach an agreement on one or more terms of the divorce.
If the option is for a contested divorce, the legal process will be longer and more complicated, because it will be up to the judge to decide the issues that the couple cannot agree on.
Attending court
If the divorce is contested, you may have to appear in court for a hearing.
At this hearing, the judge hears the arguments of both parties and makes a decision on issues on which the couple does not agree.
It is worth remembering that a litigious process can be very stressful emotionally speaking. That is why the presence of a specialist lawyer in the area is more than essential for a good direction of the process.
Finalize the divorce
The last step in the process is the finalization of the divorce, which occurs when the judge issues the sentence that defines the terms of the separation, including the division of assets, maintenance agreements, visitation, and other important issues.
When the judgment is handed down, the parties can consider themselves legally separated.
It is common in this final phase for tempers to be shaken, as a divorce process is exhausting. In that case, it is advisable to seek help from emotional support such as therapy or even talk to family and close friends who can provide this emotional support.
Conclusion:
Finally, a divorce is a decision that does not always involve only the couple, but also the children.
It’s something that should be very well thought out and analyzed to make sure it’s really the best choice to make.
If, in any case, the choice is to separate, the steps described above can help clarify the doubts of those who are going through or intend to go through this process.
The most important thing is that all parties involved maintain balance and preserve well-being, so that wear and tear is as little as possible. A good follow-up by professionals is essential to help legally and emotionally during this period, bringing more stability to the parties involved.
Divorce – FAQ:
Can divorce be free?
Separation costs can vary depending on factors like legal assistance, court fees, and asset division. While some couples opt for uncontested separations, which can be less expensive, others may face higher costs for contested separations involving legal representation and court proceedings.
However, there are resources available for low-income individuals to seek free or low-cost legal assistance, making separation more accessible to those in need.
When divorce is inevitable?
Separation may become inevitable when couples face irreconcilable differences, communication breakdowns, or betrayals.
When efforts to repair the relationship fail and there’s persistent unhappiness or conflict, separation may be the best option for both parties to find peace and move forward separately.
Seeking counseling or mediation can help couples assess whether separation is truly the only solution and navigate the process with clarity.
Which divorce is better?
An uncontested separation, where both parties agree on terms, is often quicker, less stressful, and less expensive than a contested separation. However, the best type of separation depends on individual circumstances.
In cases of mutual agreement and amicable separation, uncontested separations offer a smoother process. Yet, when disputes arise over asset division, child custody, or other matters, a contested separation may be necessary, albeit more complex and emotionally challenging.
Choosing the right approach depends on the unique needs and dynamics of each couple’s situation.
