Why Legal Help is Necessary When Handling Divorce Papers
Can You File Divorce Papers Yourself?
Whether you are filing for annulment, going through legal separation, or getting a divorce, the end of a relationship is emotionally draining. The dissolution of a marriage, particularly getting divorced from your spouse, can be quite costly. On top of the list are filing fees, court fees, and attorney fees. What others consider as the non-economic cost of a divorce, however, is the stress that divorcing parties have to go through, both when there are many or no children involved.
Because of these things, a do-it-yourself or DIY divorce is rarely advisable. Going through a divorce is not something that should be taken lightly. It is indeed possible to file a divorce petition and complete the legal process on your own. However, if you have plans of filing for divorce, it is advisable to seek legal aid from a reliable Santa Rosa family law attorney. Since no two divorces are the same, it is crucial to get someone who can give legal advice based on your specific circumstances. A dedicated divorce attorney can provide the legal services you need and help you learn how to file (and get a divorce) minus the unnecessary stress.
Actual Process of a Divorce Case
In general, divorce cases are either uncontested or contested. In an uncontested divorce case, the married couple agrees on how the dissolution of marriage will take place. In contrast, if there is disagreement on certain aspects, a contested divorce case will be filed. In contested divorces, child custody and other crucial matters are decided upon through court hearings. If you are dealing with the latter, trying to work on your divorce petition on your own is never a good idea. If your spouse poses a threat to you or your children or is transferring joint assets out of your control, seek legal representation right away.
Additionally, if you wish to obtain a divorce, you must seek legal advice from someone who can explain to you any applicable state law. Divorce laws vary from state to state. Same-sex married couples, for example, were allowed to divorce in every state only recently. This means that the statutes in each state could still be evolving. A filing could be smooth in a specific divorce court but not in another. There could also be long-term tax considerations that must be made before signing off on a divorce filing.
Filing for a Divorce Petition Involving Specific Court Forms and Guidelines
A lot of divorce lawyers get inquiries on how to file an uncontestable divorce petition. In general, it must be shown through the divorce paperwork submitted that both parties agree on all aspects of their petition for dissolution of marriage, including child support, child custody (physical and legal custody) and visitation; alimony or spousal support; division of property (marital property); and legal rights in assets and division of debts. While it might be tempting to file an uncontested case on your own, it is important to ensure the correctness of these divorce forms that will be submitted to the local courthouse.
Additionally, while the uncontested process of divorce is more ideal, there are cases where the contested divorce process cannot be avoided. If spouses are unable to negotiate and if it is impossible to resolve disagreements related to the petition for divorce, a competent Santa Rosa family law lawyer will be by your side as you go through the divorce trial in the courtroom.
Hiring a Reliable Local Attorney Who Can Help You File for Divorce
There are different grounds for divorce and different ways of proceeding with your filing. Hire a lawyer specializing in family law so that all relevant statutes will be taken into account. Additionally, the minimum time necessitated by the divorce procedure can also largely depend on state laws and details of the actual case. The six months waiting period could be waived by the family court, depending on the situation of the couple who wishes to get divorced. This is why it is best to hire Santa Rosa family law attorneys who are experienced with divorce filings.
While it can be tempting to skip getting a divorce attorney to save the money, you will need an even temperament to proceed with the petition for a divorce. Even if you and your spouse agree to terms of crucial aspects of the case, you will have to deal with the roller coaster of emotions that may be in play. Additionally, doing the necessary research, gathering the required documentation, and following through with court filings and appearances can be tedious and tiring. A divorce lawyer could charge high fees, but this is mainly because he or she is aware of long-term concerns that you may not be able to consider.
If you have any legal questions on divorce documents that must be filled out or the steps to take after divorce proceedings have been finalized, give us a call. Contact a trusted family law firm that can assist you with divorce proceedings and paperwork. Call us at Provencher and Flatt LLP and consult with our hands-on Santa Rosa family law attorneys.Share This Post!
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