When you get married, vowing to be together until death is the only thought on your mind. The thought of how to ask for a divorce probably never even enters your mind. Unfortunately, the divorce statistics in the United States factually state that approximately 4 of every 1000 marriages will end in divorce.http://www.cdc.gov/nchs/nvss/marriage_divorce_tables.htm
The journey will begin within yourself and could be more emotionally complex than you imagine. Getting a divorce, in general, is not an easy task. It could turn into a lengthy process, so keeping your mind healthy, as well as your body, will be important throughout the course.
Asking for a divorce can be somewhat of a double edged sword and could act as sort of a catch twenty two. While you may be thinking that you are freeing yourself from financial stress, you could possibly be leaving one sinking ship to become the captain of a different, yet similar one.
Before you begin the steps below, it will be necessary to consider all of your financial means available in order to live on your own. It is essential that you ensure that your finances are adequate and plan wisely. The decision to ask for a divorce is a move that could possibly affect you for a long while and will definitely change your life forever.
Three Ways to Ask for a Divorce According to Legal Expert
Divorce attorney, William Laufer gives three ways to ask for a divorce for amicable divorces and non-amicable ones, as well. First, there is the option of simply sitting down together to discuss getting a divorce. Second, he suggests that an attorney letter be sent to the spouse asking for the divorce. The third way, when other avenues aren’t an option, is to file documents and have the Sheriff department deliver them to the spouse.
Step 1: Ask for Communication
First and foremost, when the marriage is in disarray, communication is very important and can save tons of money if you discuss options first. Sitting down with the spouse to talk about the problems that exist in your marriage and whether or not they can be resolved should be a top priority. Hiring a mediator, a couple’s counselor or therapist could resolve some of the problems and a divorce may not even be necessary. Talk to your spouse about these possibilities in order to exhaust every avenue before deciding that divorce is the path to take.
Divorce should not be undertaken lightly and could have an enormous impact on your future; be wise in about the conclusions you draw. If there are children involved, their best interests are an important aspect to consider as well. Divorce is tough on children, but living in a home with constantly fighting parents can also create emotional issues as they develop. A concentrated effort must be made to do the right thing for the children, whether it is being apart from each other or living peacefully together. That is the sole purpose in completing this step before you ask for a divorce. It will allow you to determine the feasibility of staying married and depending on the outcome of the meeting, you could possibly agree to work together and save the marriage. If your discussion concludes that a divorce is inevitable, proceed to step two.
Step 2: Discuss all Important Issues and Divisions
When you ask for a divorce, it is very important to talk to your spouse about everything that you own jointly. This could be the first of many negotiations in your divorce unless things are divided amicably between the two of you and both are in agreement. During the discussion, it will be a good idea to get a pen and paper to start listing every asset and every debt that will need to be divided.http://www.guidetodivorce.com/articles/financial/financialsettlement.htm
Unfortunately, it isn’t just the assets that you split, it is also the debt, so be sure to list them in two different categories. Make the list of two columns with each of your names as the headings and then start listing the assets on the left first. For example, if you are the one that will be taking the home, under your name there will be a check mark in the asset category for the house, as well as a check mark in the debts category for the mortgage or loan on the house. Check and balance all of the property division to make both parties feel that it is being done fairly.
Step 3: Be Calm, Peaceful and Patient
There are a couple bits of advice to remember when you are entering this discussion. Be honest and clear in your position without leaving anything to assumption. By doing this before you draw up the papers, both parties will have an opportunity to negotiate for what they want. The next suggestion is to be calm and peaceful during this meeting or things could go awry. Don’t start fights with the spouse during your discussions or it could cause unnecessary anguish between you and may result in a negative outcome. Stay as calm as you can and listen, with your ears, to everything that is said so that both of you can be understood.
There is also a lengthy time factor to take into consideration before you sit down to ask your spouse for a divorce. The average length of divorce proceedings is one year, but could last for years depending on your circumstances.http://www.divorcestatistics.org If you and your spouse are in agreement on every aspect, however, it can be finalized within 30 – 90 days. This is the primary reason to discuss as much as possible before you begin this long journey, in order to lessen the stress and time that it will take to complete the divorce process.
Step 4: File the Divorce Documents
If you think that your marriage cannot be saved and feel like talking is useless at this point, you can go ahead and file for divorce on your own. Sometimes when common interests and bonds have collapsed and the last avenue has been already traveled, there’s nothing left to do but file the suit. Whether you hire an attorney to assist you with the paper work or draw them up yourself, filing with the courthouse is fairly easily.
There are online resources for drawing up your own documents for filing or you can procure the assistance of a lawyer if that makes you feel more comfortable. It has become quite popular to draw up your own divorce documents by using an online service or software programs found on the internet.http://www.completecase.com/ Legal representation may be required for issues that are more complicated, however, like when there are multiple homes, businesses and retirement investments involved. A do-it-yourself divorce document is legal and quick, but might be better utilized if you feel that your spouse will not take an opposition with your terms. If this is the case and you think there will be a battle during the dissolution, it is highly advised to seek a reputable and experienced divorce attorney in your state.http://www.divorcemag.com/resources/
Step 5: Take Care of Your Mental Health
Lastly, it should be said that when you ask for a divorce, it can and most likely will put you under an extreme amount of duress. Divorces tend to bring out the entire array of emotions and taking care of your mind should be as important as other dissolution matters.http://www.grief.net/ You really never truly know how many feelings that will be surfacing throughout the proceedings, everything from fear to sadness to relief. If you think you will need some psychological assistance to endure the upcoming events, by all means, set an appointment with an expert for a consultation.
Having your children see a psychologist is also an excellent idea so that they can get their mental health back to normal after the divorce. It is a recommendation to visit the therapist’s office before you concede to the therapy. You will want to be sure that you are comfortable with them before you agree to any proposed program. Having sort of chemistry with mutual respect with the therapist is essential and will provide the best atmosphere for healing during your divorce process. Your children will benefit also when you have someone, other than them, that you can communicate your feelings with and basically vent it all off.
Disclaimer
The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.
