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How to File for Divorce

Filing for divorce is a multi-step process that is rarely simple or straightforward. Marriage annulments may be contested or uncontested, depending on the circumstances surrounding the divorce and the feelings of both parties involved. Even if you are planning to file for a no-fault divorce or uncontested divorce near Cumming, it is best to hire an experienced attorney to provide up-to-date legal advice regarding issues such as family law, child custody, and the division of assets.

Draft Your Petition

To file for divorce, at least one spouse must submit a divorce petition outlining the reasons for the divorce. You may choose to file for a no-fault divorce if you simply want to end your marriage, or file a fault divorce if your partner has committed acts that have damaged the marriage beyond repair. The divorce petition does not need to outline factors such as child custody, child support, or alimony in detail; however, it is still beneficial to seek the help of a legal firm during the petition process to ensure your petition is valid, especially if you are filing for a fault divorce or contested divorce.

Create Child-Specific Documents

If your marriage has resulted in children, you will also need to prepare legal documents that include a parenting plan, a child support calculation, and a child custody agreement. The creation of these documents should be overseen by a divorce lawyer, especially if the divorce is disputed, your spouse has abused you or your children, or you and your spouse cannot agree on custody and visitation rights.

Schedule and Attend Your Hearing

Once you have filed for divorce, your case will be scheduled to appear in court. An uncontested divorce typically requires only one court date, during which the marriage annulment is completed. In a fault divorce or contested divorce, you may be required to appear in court more than once before the divorce is finalized.

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