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What Do You Need to Start the Divorce Process?


— November 23, 2022

You might not need to produce financial records at the very beginning of the divorce process, but you should get these documents in order early on so that they will be readily available when you need them.


If you want to end your marriage, it’s important that you take the proper steps to ensure that your divorce will be legal and finalized. You’ll need to do some important things at the beginning of the divorce process to avoid certain obstacles that may not allow you to move forward with dissolving your marriage legally. Here are a few things that you’ll want to get in order as you begin your divorce.

Petition for Divorce

This petition must be submitted to a court for your divorce to proceed. The petition should specify the expectations for property division, child custody and other important terms along with the reason for the divorce. Before the petition is submitted to the court, it must be served to your spouse so that he or she can respond to the petition within a certain timeframe, which may vary depending on where you live.

Temporary Hearing Request

A temporary hearing is a court order that sets provisions for certain things like child custody and housing arrangements before the divorce has been finalized. Since marriages can sometimes take months or even years to dissolve legally, a temporary hearing can help you work out issues that cannot wait to be resolved and need immediate rulings.

Legal Representation

You’ll likely face many setbacks during your divorce if you don’t have legal representation, and a divorce lawyer can represent you throughout the process. If you need help with requesting a temporary hearing or getting together any records, your attorney can provide assistance. Your lawyer may also try to work out a deal that saves you and your spouse from having to go to court if the two of you can reach a resolution without a judge’s decision.

Financial Records

Table with laptop, plant, pen, notepads, and a sign reading “Finance: Funding, Saving, Benefit.” Image by Rawpixel, via Unsplash.com.
Table with laptop, plant, pen, notepads, and a sign reading “Finance: Funding, Saving, Benefit.” Image by Rawpixel, via Unsplash.com.

You might not need to produce financial records at the very beginning of the divorce process, but you should get these documents in order early on so that they will be readily available when you need them. Proof of income, tax returns and bank accounts are some of the most important financial records to gather. You should also try to gather receipts for major purchases, credit card statements and other records that show how much debt you or your spouse owes or the two of you owe collectively in case financial disputes arise.

Settlement Agreement

If possible, you can try to compromise on a settlement agreement with your spouse so that provisions regarding property division, child custody and alimony payments can be decided on early in the divorce process. A settlement agreement can help you avoid a lengthy, contentious divorce that may end up costing you a lot of money and harming relationships in your family. Mediation can help both of you reach an agreement, but arbitration may be necessary if the two of you cannot reach a compromise.

There are many factors that are involved in getting a divorce, and learning about these factors in the earliest stages of your marriage dissolution can make the process easier. An attorney who practices divorce law can provide further guidance throughout the entire divorce process.

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