Filing for a divorce could be a complex task depending on where you live. Every state has its own laws regarding such an act, so you have to make sure that you consider all avenues and options before you file. The following are five things that you will need to consider first:
1. Do You Meet Residency Requirements?
Before you can be eligible to file for a divorce, you have to meet the appropriate residency requirements. In other words, you have to live in your state for a certain amount of time before you file. In Arizona, one spouse or the other has to complete 90 days of residency before they can file for a divorce. If you do not meet those requirements, you must wait patiently until you do as you can’t get around them. Additionally, you and your spouse must have lived apart for at least 60 days before a divorce will be granted.
2. Do You Have Grounds?
You must think about the divorce grounds. Generally, judges don’t just approve divorces for people who have simply grown apart. There must be some grounds such as adultery, cruelty, desertion and so on. Some states do offer no-fault divorces where one spouse does not have to prove that anything amiss happened in the marriage. Arizona is a lenient state that allows just one of the parties to state that the marriage is broken and cannot be mended.
3. Do You Need an Attorney?
You may be thinking about filing for a divorce with no assistance from an attorney. That is not always the smartest thing to do, however. Sometimes, it is necessary to hire an attorney just to ensure that your paperwork gets completed properly. Another great reason to use an attorney is if you have a custody or visitation issue. You don’t want to wait until the middle of the divorce to find out that your spouse is going to fight dirty for the children. It’s best to be prepared for such things beforehand so that you know you have an experienced person looking out for you. Attorneys have inside information and additional hints that you won’t have access to.
4. Have You Tried to Make It Work?
Before you file for a divorce, you should try everything humanly possible to make the situation work. Counseling, mediation, date nights and heart-to-heart conversations are just a few ideas for how you can try to work it out before you completely give up on each other. If there’s truly nothing you can do, then yes, it would be best to get the dissolution so that both of you can move on with your lives.
5. Are You Financially Ready?
Divorces and attorneys both cost money, so you’ll have to make sure that you are financially ready for it in terms of surviving by yourself and paying for the process of divorce. You may be able to get some assistance from a respectable divorce attorney who cares, however.
If you have considered all five things, then you may just be ready for your divorce. Contact your local divorce lawyer to get some advice before you proceed. This person will consult with you about the matter before you do anything rash.