Getting a divorce with children

Divorce proceedings often require a certain amount of time and money. The whole process can be broken down into several basic steps for a holistic understanding of the whole process and to avoid frequently repeated mistakes.

1. First you need to prepare a form of divorce. This is a package of documents which includes a petition on the dissolution of marriage, the procedure for the distribution of parental rights, the order of support, the notification on the withholding of income for the child’s allowance. All these documents should be completed and agreed between the spouses before filing with the court.

These documents should contain:

– full names, age, home address and place of work of each spouse;

– date and place of marriage;

– names, age and place of residence of each child;

– responsibilities of parents and child support measures;

– the desired decision of the judge;

– custody of pets;

– completion of a parent-class certificate.

2. After all the necessary forms are completed, the finished documents should be submitted to the court clerk. All this can be done online using our service 

Divorce filing in most countries can be done online, but exceptions are possible.

3. At this stage, you should notify your spouse that you have filed for divorce. To do this, you should send him a summons and a petition in which all the details will be indicated. Spouse will have 30 days to respond. If the spouse agrees with all the conditions, then the process can be significantly accelerated by sending a positive response to the petition. If the spouse does not agree, he can send a response with all the points that he would like to change.

If you do not know where your spouse is situated right now, then a notice of divorce can be published in the newspaper. If the spouse does not receive a notice within a certain period after the filing of the claim, the claim may be lawfully rejected.

4. If your spouse did not respond to the petition within 30 days after filing, you should set a date for the hearing. Before the expiration of the 30 days period, you cannot do anything, since this time is given to the spouse for reviewing and challenging certain points of the petition.

5. To continue, you need to prepare for a court hearing. To do this, you need to prepare all the other documents, such as the procedure for the distribution of parental rights, an order of support, and a notice to withhold income for a child’s allowance.

If you have difficulties in preparing documents, you can use our help by clicking on this link 

Documents should be prepared carefully in order to avoid controversial situations and for the quickest possible consideration of your case in the court.

6. Next you should get the date of the trial. You have the right to independently represent your interests in the court. But you have to be sure that you will be ready to do it.

7. At this stage, the court makes a final decision on the divorce and signs the decision on divorce. A copy of the decision on the distribution of parental rights and other documents is sent to your spouse. If the decision was made on another day, or for any reason your spouse did not receive them, you should send these documents to him yourself.

8. It may be necessary to change the conditions for divorce. If one of the parties is not satisfied with the conditions, then there is an opportunity to appeal to the local court. If the local court denied the appeal, it should be filed with the state court of appeals.

The process of divorce in the presence of children is often quite complicated. Especially if the spouses cannot agree on custody and parental rights. Often, such processes can last for about a year and be quite expensive, especially when connecting to divorce lawyers.