If you and your spouse have irreconcilable differences and tried marriage counseling without success, it might be time to consider filing for divorce. But, it is important to know the steps to take upfront for a fairer and more peaceful process. To get started, here are the steps you should take:
Hire an Experienced Divorce Attorney
To get a fair settlement in your divorce, you should hire one of the best wilmington divorce attorney to guide you through the divorce journey. By having an order on your side, you can level the playing field if your spouse appears in court with their own lawyer. Even if you think you can confidently defend yourself, you must still think about working with a lawyer to review important documents for you.
File a Divorce Petition
If you are the one who seeks a divorce, you must file a divorce petition yourself. This legal document will tell the court of your desire to end your marriage through a divorce. The divorce petition should include the names and birthdates of your children, as well as addresses of all immediate family members. Also, it should state your expectations like getting child support, custody, health and life insurance, or visitation rights. Even if you are filing a no-fault divorce, you still have to state your grounds for the divorce. This would cite irreconcilable differences in your marriage.
Serve your Spouse with a Summon
A summon should be served to your spouse by a process server, sheriff, or any adult not related to you. It is a great idea to hire a process server since they are trained to ethically deliver these documents including the petition or complaint attached to the summon. They would approach your spouse with respect. Your spouse will have thirty days to file a response, which means to deny or admit to the claims in your petition’s claim.
Go to the Court to File the Divorce Form
The divorce form should be filed with a court clearly promptly. If you hire a process server, they should also fill out an affidavit service. All documents will be reviewed by a judge who may let you go through with the divorce if everything is in order.
Getting started with a divorce is challenging. If you want to get through the divorce process sooner and get a fair settlement, you must have an experienced divorce attorney in Wilmington representing you.