Process of Filing for Divorce

The process of filing for divorce includes:

  1. Determining eligibility for filing for divorce

  2. Prepare and file a divorce application and any additional required forms, which includes information regarding the marriage, grounds for divorce, and claims relating to child custody, support, and property division.

  3. The applicant must serve the forms and a copy of the application to the other party. Please note that the serving of documents must be done by a third party.

  4. Once the service of documents has been properly served to the other party, the applicant files an Affidavit of Service with the court, confirming the service of documents.

  5. Both spouses are required to exchange financial information and complete Financial Statements, disclosing their income, assets, debts, and expenses. This information is used to determine child support, spousal support, and property division.

  6. The spouses may attempt to negotiate and reach a settlement agreement regarding child custody, support, and property division. If an agreement is reached, it can be formalized into a Separation Agreement. If the spouses are unable to reach an agreement, the case may proceed to court. The court will make decisions regarding child custody, support, and property division based on the evidence presented.

  7. Once all required steps are completed, a judge will review the case. If satisfied that the requirements for divorce have been met and any necessary arrangements for children and financial matters are in place, the judge will issue a Divorce Judgment, officially granting the divorce.

  8. After the Divorce Judgment is granted, either spouse can request a Certificate of Divorce from the court. This certificate serves as official proof that the divorce has been finalized.

Please note that the above is for general purposes only and outlines the steps for an uncontested divorce. There may be additional steps based on the nature of the divorce and the individual circumstances. It is recommended to consult with a legal professional to ensure that you fully understand your rights, obligations, and processes.