How to take the first step towards a divorce

Updated July 20, 2017

One of the main things that couples need to take in consideration when experiencing marital difficulty is, have they collectively done everything within their power to avoid getting a divorce. If you have and there is seemingly no other way then here are some steps to take towards getting a divorce.

Take a timeout. Take a break from each other for a year and see if that helps. Statistics show that some couples who rushed into divorce court later regretted it. After incurring all of the expenses of getting a divorce, some divorced couples end up remarrying each other within a year. A trial separation gives each of you time to sort things out without the expense of going through a divorce first.

Decide what type of divorce you want. When filing for a divorce you must decide between two types of divorces, a fault divorce and a no fault divorce. If you file for a fault divorce, you are in fact asking the judge to rule that the cause of the divorce was your partner. A no fault divorce means that one or both parties believe that their differences are such that they have no longer have a desire to remain married, but that they share the responsibility equally.

Talk with your attorney. Don't file for a divorce at this time. When speaking with your lawyer, tell him the type of divorce you wish to pursue. During this conversation, to make sure there are no surprises later, mention any marital infidelities you may have engaged in while still married to your spouse.

File for divorce. If you have met all the requirements enacted by your state and you and your spouse have decided to move forward, now is the time to file for your divorce. In the event you are filing for a no fault divorce, in most states there is no waiting period to file. A fault divorce requires a waiting period and has the tendency to become messy, especially if there are children and marital property involved.

Go to court. If you have to go to court, a judge may need to hear arguments to determine a fault case on the divorce, as well as any possible alimony, child custody and the distribution of marital property.


Do not move out of your home before talking to your lawyer.

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About the Author

Barbara Burgess has worked as a freelance writer for over 10 years. She has ghostwritten numerous articles, is currently working on her first children book, and has been writing for Demand Studios since 2008. Barbara studied English at Florence-Darlington Technical College.