The number of divorces in the United States has constantly been increasing for the past few decades. There are many reasons for this, but one of the real reasons is that people are waiting longer to get married.

Marriage Isn't Working Anymore

People are now more likely to marry later in life after establishing themselves financially and emotionally. However, when people wait longer to get married, the chances of them getting divorced increase.

Another reason for the increase in divorce rates is that people are no longer willing to stay in a bad marriage. In the past, people were more likely to stay in a bad marriage because they didn’t have any other options. But now, with online dating and different ways to meet people, people are more likely to leave a bad marriage.

In case you are planning to file for a divorce, there are a few essential things that you need to keep in mind. Just remember, having a professional lawyer like Reep Law on your side can help make the process go much smoother.

1. Grounds for divorce

The very first thing you must do when filing for a divorce is to decide on the grounds for divorce. The grounds for divorce are the reason why you are getting divorced. Some common grounds for divorce include adultery, abandonment, or abuse. You will need to prove these grounds in court, so it is vital to have evidence to back up your claims.

This is, for sure, one of the most important aspects of filing for a divorce, so be sure to consult with a professional lawyer to ensure that you are choosing the right grounds.

Not having grounds for divorce can result in your court dismissing your case. This is the last thing you want, so choose your grounds carefully. In San Jose, laws for divorce vary from other cities and states. Thus, consulting with an experienced San Jose Divorce Attorney is crucial. It will help you avoid any complications during the process and ensure that your rights are protected.

2. Child custody

If you have children, you must decide on child custody arrangements. This can be one of the most challenging aspects of a divorce, especially if you and your spouse cannot really agree on who should have complete custody of the children.

Child custody can be joint or sole. Joint custody means that both parents should have equal rights to the children, while sole custody means that only one parent has legal custody of the children.

The court will always try to make a decision that is in the children’s best interests, so be sure to keep this in mind when making your child custody arrangements.

3. Property division

Another important aspect of divorce is property division. You and your spouse decide who gets to keep which assets. All of your assets will need to be divided fairly between you and your spouse, including your house, car, bank accounts, and any other property you may have.

You can either agree on a property division or let the court decide for you. If you cannot agree on a property division, then the court will decide based on what is fair and equitable.

In the best-case scenario, you and your spouse can agree on property division without help from the court. However, this is not always possible, so it is crucial to be prepared for the possibility that the court will need to get involved.

4. Alimony

Another critical aspect of divorce is alimony, which is also known as spousal support. This is when one spouse agrees to pay another a certain amount of money every month to help them with their living expenses.

Alimony can be temporary or permanent, and the amount of cash that needs to be paid each month will depend on factors such as the duration of the marriage, each spouse’s income, and each spouse’s ability to pay.

5. Filing for divorce

Once you decide on the grounds for divorce, child custody arrangements, property division, and alimony, you will need to file for divorce. This can be done online or in person at your local courthouse.

Be sure to consult a professional lawyer before filing for divorce, as many important forms need to be filled out correctly. Filing for divorce is not a simple process, so it is crucial to ensure everything is done correctly.

Your lawyer can help you with every step of the divorce process, from deciding on the grounds for divorce to filing the necessary paperwork. They must make sure that your rights are properly protected every step of the way, so be sure to consult with a professional lawyer if you are considering filing for divorce.

6. The divorce process

Once you have filed for divorce, the process will officially start. This can be a very lengthy and complicated process, so it is important to be prepared for it.

The first step is known as discovery, during which each spouse will gather information about the other spouse’s assets, income, and debts. This information will help make decisions about property division and alimony.

Next, the divorce will go to mediation, during which you and your spouse will try to agree on all of the aspects of your divorce. The divorce will go to trial if you cannot agree to mediation.

At trial, a judge will make decisions about all of the aspects of your divorce, including child custody, property division, and alimony. This is why it is a good idea to have a professional lawyer by your side throughout the entire process, as they will be able to show you how to make the best possible decisions for your situation.

7. The final divorce decree

Once the judge has made all of the decisions about your divorce, they will issue a final divorce decree. This document will officially end your marriage and contain all the details about your divorce, including child custody arrangements, property division, and alimony.

Once you have received the final divorce decree, you are officially divorced. Be sure to keep this document safe, as it will be necessary for many aspects of your life going forward.

Divorce can be a difficult and stressful process, but it is essential to remember that you are not alone. Many resources are available to help you through this tough time, so be sure to reach out for help if you need it.