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Divorce: Where Do I File A Divorce Proceeding?

Marriages are entered into with a dream that it will last a lifetime and, in some cases, transcend a lifetime. However, in some cases, this may not be so. A lot of soul searching goes into the decision to divorce one’s partner. If you have decided that you are indeed ready to file for a divorce, then you need to know all that there is to know about the steps involved in this process and ultimately, how to go about it. Having handled several divorce-related cases over the years, a Family law attorney Scottsdale AZ is your best bet when it comes to approaching the issue of divorce.

Working with an attorney is recommended for a lot of reasons. Some of the most important reasons to work with an attorney are based on state laws and how complex they can be, depending on the facts of the case you have at hand. In addition, divorce proceedings require a lot of paperwork filings, some of which you may be unable to keep up with.

Since the forms required for the divorce process vary from state to state and in some cases, from county to county, it is best that you decide on where you wish to file for divorce first. Based on that, select the best possible divorce attorney to represent your interest in the case and also ensure that the legal aspect of the decision which you have made is well taken care of.  

Divorce Proceeding: State Requirement 

Divorce laws that are active in one state do not cross over to another state, this means that each state has its own set of rules to play by when filing for a divorce. Before proceeding to file for divorce, it is best that you understand the rules that have been set in the state where you live and consider how the rule will eventually affect your case.

To file for divorce in a state, you will be required to meet the state’s residency requirement. The state’s residency requirement requires that you should have lived a certain number of years or more in the state to be considered for a divorce filing in the state.

In Montana, you will be required to have lived in Montana for no less than 90 days before your divorce case can be considered. In California, the state requires that you must have lived in the state for no less than six months before a divorce proceeding can be treated, while Maryland requires no less than a year residency for a person to file for a divorce in the area.

This is to explain that state laws differ and may have an impact on your decision to file for a divorce.

Divorce Proceeding: Choosing the county to file your case in

While many states have their specific laws with regards to divorce cases, additional factors may affect those laws. In some cases, local residency requirements may affect your chances of proceeding with a divorce case. For example, counties in the state of California require that you must have lived in the county for no less than three months before you become eligible to file for a divorce in the area. Other counties may require an extended period of time.

Also, it is important to note that counties also have their set rules when it comes to divorce cases. this means that the forms and documents to be provided will be based on the set rules of the county wherein you wish to treat the divorce case.

Divorce Proceeding: Which court will handle your divorce case?

There are several state court divisions in most counties and this makes it easier for such courts to handle the specific cases that are brought before it. Most counties have criminal courts that only deal with criminal cases, family law courts that deal only in family law issues, traffic court that deals only in traffic-related issues and traffic tickets, and general civil courthouses that typically deal with civil lawsuits like breach of contract, personal injury cases, real estate, and property litigation, and others.

When you have a divorce case to handle, the family law court in the county where you filed the case will be in charge of handling your divorce case.

Divorce Proceeding: The Petition

If you have decided to get out of your marriage to your spouse, then you will be required to file a divorce petition or complaint which formally signifies your legal start to the divorce process. After filling out the petition and signing it, you will successfully have asked the court to put an end to your marriage.

When filing this form, it is recommended that you know where your divorce case will be handled as different states have different forms and these forms may also vary based on county.

In the filing, you will also be required to provide information regarding alimony, child support and child custody, and property division.

If you are in need of more information about the process of filing for your divorce, you can also visit the state or county court website to get an idea of what information you will be required to provide and the paperwork that will be required to file as part of the divorce process.

If you need more specific guidance, reach out to the divorce attorneys around you.

Divorce Proceeding: Notify Your Spouse

Once you have indicated your interest in divorce, you will be required to give your spouse an official notice about the divorce filing. By notifying your spouse, you will be serving him or her a copy of the divorce petition and summoning them person to court on the appointed date.

You can choose to hire a personal service where someone delivers the divorce papers to your spouse. It is however recommended that you should check to confirm the allowed methods of delivery in your state.

Once your spouse has been served with the divorce papers, the court will start the divorce proceeding and may schedule the case for any time convenient.

In some states, there is a period of cooling off where the court holds off on any decision to allow both parties to better understand the severity of the decision that is to be made and also to allow both parties to fully understand the consequences of a divorce.

If you need any help walking through the divorce process in Scottsdale, AZ, be sure to visit your trusted family law attorney website at https://tiffanyfinalaw.com

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