What is the best way to get my divorce started?
Getting a divorce can be a challenging situation, and since this is not something that people experience daily, knowing what to do can also be difficult. There are so many things to navigate during the divorce process, and when it is time to finally get a divorce, you can be overwhelmed with everything that this entails. Fortunately, by following a few simple steps, the divorce process will not be as difficult as it may seem. Therefore, if you ever have to get a divorce, you should remember to educate yourself about the divorce, set your goals, and consult with a lawyer.
The first thing that you should do is educate yourself about the divorce process. Navigating through the divorce proceedings can feel like moving throughout a foreign country. There are so many twists and turns, and you do not have a road map to follow. You should educate yourself with the language used during a divorce proceeding. By doing this, you will have a better chance of making good decisions during the divorce. There are many ways to educate yourself about the divorce. The first way to educate yourself is to talk with any family and friends who have been through a divorce. These individuals can help prepare you for what you should expect during this time. Additionally, you can use the internet to gather information and to get a better understanding of what you should be doing during this time.
Set Goals and Make a Plan
In addition to consulting with family and friends, you should also set goals and make a plan for yourself. For example, do you have a goal of having custody of the kids, or do you have a goal of keeping the home? If so, you should be sure to write these things down; therefore, when the divorce proceedings begin, you can work hard to achieve these goals. When setting goals, you should set these at a time when you feel most relaxed. By setting goals when you are relaxed, it will allow you to make more rational decisions.
Consult with a Lawyer
Consulting with a lawyer will be one of the most important things to do during a divorce. The lawyer will help you through these proceedings, and he will be an advocate to help you achieve your goals. When consulting a lawyer, you should be sure to find a lawyer whose expertise is family law. This individual should have lots of experience with divorces, and he should be willing to give you references before you hire him. A divorce lawyer can be expensive. This is why it is important that you find someone who has your best interests in mind. Having someone who is knowledgeable and understands the process will be worth every penny that you have to pay him.
Getting a divorce is a difficult time. Your whole world will seem to be turned upside down. Luckily, there are things that you can do to make the process easier to navigate. By educating yourself, setting goals, and consulting a lawyer, the divorce process will be much easier for you.
Will I have to personally serve him?
Many people hear that they must personally serve their spouse with the divorce papers, and they mistakenly believe that this means they must hand the paperwork to their spouse themselves.
However, what it really means is that you must make sure that your spouse receives the papers personally. It means that you can’t simply hand them to a friend of a friend who promises to give them to your spouse. You must take steps to properly serve your spouse so that he receives them and cannot deny having received them.
There are multiple ways in which you can do this.
Serve him yourself
Serving him yourself is one option. In this method, you personally deliver the paperwork to him, and ask him to sign the legal form that indicates he received the paperwork. You then file that acknowledgement with the court, and he is considered to have been served. This method is ideal in a divorce where the couple is still on friendly terms, and keeps things friendly.
Serve him by process server
In this method, you pay the sheriff’s department or a process server to serve the paperwork. It is handled in the same way as serving him yourself, in that the sheriff’s deputy or process server personally hands the paperwork to him (or to someone else in the home who agrees to give them to your spouse) and gets the acknowledgement of receipt signed. They then send that acknowledgement back to you to file with the court (some may send it directly to the court for you). A key thing to remember about this option is that if you and your spouse live in the same county, you can use your county sheriff or a process server from your county, but if your spouse lives in a different county, you must use that county’s sheriff or a process server from that county.
Service by mail
Service by mail is another option. This can be less expensive than the sheriff or a process server, but you must make sure to send it certified, with a return receipt requested. That return receipt is what serves as your acknowledgement that he received the paperwork, and needs to be filed with the court. However, with this method, he can refuse to accept it and you may still need to find another method to serve him.
Service by publication
Service by publication is a last resort, and depending on your state, may need a court order before you can do so. Service by publication is the publication of a classified ad in one or more local newspapers, informing your spouse publicly that you are filing for divorce. This is only used when you are unable to locate your spouse to serve him personally, and often you will need to be able to prove to the court that you have tried and failed to locate him.
Which method is the best one to use?
The method by which you serve him really depends on many factors. In most cases, service by sheriff, process server, or mail are going to be the easiest and most reliable methods.
If you’re still not sure, a lawyer can help you decide.