10. 4. 2024

How to handle a divorce and what you should know before filing for a divorce

Human lives sometimes include chapters when it is necessary to change old habits, shift the direction of our journey and enter uncharted waters. One of those unpleasant, yet often inevitable steps, is a divorce of marriage. Before you begin to start looking for a “petition for a divorce for free” on the internet and you commence your journey to acquire the title of an ex-husband or ex-wife, then you may consider some useful information and tips from my practice.

If you come to the conclusion that there is no other path than to have your marriage divorced, then you surely have a lot of questions. Are you wondering what the process of divorce with children looks like? What will the judge ask you? How long will it take before the divorce is complete? Avoid public discussions on questionable websites and rather spend your time choosing a proper law office to represent you. Consult your decision to get a divorce with an experienced professional who will provide you not only with expert consultations, but also emotional support in this difficult situation.

Maybe it has been quite some time already, since you do not live with your spouse, because you know that your shared journey is not your future anymore. Sometimes, the petition for a divorce is not accepted from the other party, and a smooth and quick divorce based on agreement is thus not possible. Naturally, your marriage creates shared property, debts and children. All these matters should be settled in advance for the purposes of a divorce by agreement in order that both parties are satisfied with the result.

If you consider filing for a divorce, I recommend you to first answer the following questions:

Did your marriage last for at least a year?

Do you not share a household for longer than six months?

Do you know how you will distribute your property and care for children in the future?

If your answer to all these questions is “yes”, then you shall proceed in the form of the so-called undisputed divorce.


The best option is the undisputed divorce


If you prefer to have a quick divorce without larger issues or long arguing in the courtroom, then it is appropriate to reach an agreement with your spouse to proceed in the form of an undisputed divorce. This option is chosen by partners who are able to agree upon the conditions of future care for their children and of the property settlement. You shall enjoy the promptness of the proceedings and less stress in the courtroom. In this case, you will also be spared the issue of deciding what to specify as the reason for the divorce. As a result, you will avoid public “washing of your dirty laundry” in relation to your ending relationship.


The concept of contested divorce is used if there are disputes

If the only thing you can agree on is that you cannot reach an agreement, then you shall proceed in the form of the so-called contested divorce. Such a situation requires a lot of patience. This type of divorce is often lengthy and emotionally and psychologically demanding.

Unless your marriage was not without children, then the divorce proceedings shall be divided into two parts. The children are the priority. All issues related to the care for minors shall be resolved. Until all the matters regarding the custody and alimony for your children are settled, it is impossible to have the marriage divorced. The divorce proceedings may only commence when you have acquired the court´s decision on the care for the children.

In the course of the proceedings, you will be asked what the reason for requesting the divorce of your marriage is. Based on the practice of courts during the last few years, you will not be required to provide too many details. The judge shall be satisfied by general reasons. However, you shall be prepared that a judge may ask for details of certain matters or that the other spouse may discuss your shared unpleasant experiences and deeply private issues.

The divorce court does not resolve the distribution of the joint property of spouses. It is up to you to resolve the property matters by agreement after the divorce, or you shall use a three-year period to initiate further court proceedings.


Make the first step and try to reach an agreement


Maybe you have reached a point where you are ready to make the first step, but you are afraid what may occur during the court proceedings. Don´t be afraid to put yourself out there, since all the issues can be resolved, and even if you remain calm. A good attorney will help you to find the best solution possible and ideally lead you to a divorce in the form of an agreement. That way you will be able to avoid long and emotionally challenging court proceedings and the issue of who will pay for a divorce full of arguing.


What can I do for you in this matter?

  • one-time or regular legal meetings in relation to the development of your case
  • negotiations with the other spouse and his/her attorney
  • intermediation of mediation services or family therapy sessions
  • drafts of agreements on custody and alimony arrangements
  • drafts of agreements on property settlement
  • drafts of petitions for a divorce
  • representation in the course of court proceedings
  • intermediation of mediation services or family therapy sessions

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