Divorce papers are the initial legal documents filed with a court to begin the process of dissolving a marriage. Whether you are seeking a divorce or your spouse has initiated the process, understanding what happens after you sign divorce papers is important to have a clear comprehension of the process. Below we explore the steps involved in divorce proceedings, starting with the finalization of the divorce and ending with the execution of the documents.
Reaching an Agreement
Before reaching an agreement with your spouse, you must resolve all issues related to the divorce such as property division, alimony, child custody, and child support. If you are in an uncontested divorce, where you have resolved all issues through negotiation with your spouse, you can both sign the divorce agreement and submit it to the court. In a contested divorce, matters can potentially take months or even years as the two parties go to court to resolve the disputes. To reach an agreement, you and your spouse must discuss and compromise on the issues that affect your marital relationship.
Filing with the Court
Once an agreement has been reached, you are ready to file with the court. The time it takes for the final divorce decree to be issued depends on the state and the specific circumstances of your case. Uncontested divorces can be finalized in a matter of weeks to a few months, while more complex divorces may take over a year. When you sign the divorce papers and file them with the court, the process of obtaining a divorce officially begins.
The Final Divorce Decree
The final divorce decree is the document that officially terminates your marriage. Once you receive this document, you and your ex-partner are free to start living separately as unmarried individuals. The decree will detail the terms of the divorce, including property division, alimony, and child custody arrangements. Some counties may require you to attend divorce counseling or take a co-parenting class before you can receive the final decree. It is essential to abide by the terms of the decree once it is issued to avoid any legal consequences.
What to Know About Divorce Papers
Divorce papers refer to the initial divorce filing, which is often called the divorce complaint in Nebraska (∗ Complaint for Dissolution of Marriage). These papers outline what you are requesting from the court in the divorce action and can be quite technical. It is advisable to obtain professional legal advice from an attorney, regardless of whether you are the spouse seeking the divorce or if you have just been served with a divorce complaint.
Signing Divorce Papers: FAQs
Q: What does it mean to sign divorce papers?
A: Signing divorce papers signifies that you have reached an agreement with your spouse regarding the terms of your divorce. It marks the beginning of the legal process of ending your marriage, and the court will issue a final divorce decree once the papers are filed and served.
Q: Do both spouses have to agree to divorce?
A: In most cases, yes. While divorce papers are initially filled out by the spouse seeking the divorce, the other spouse does not need to sign any of the divorce papers. In non-contested divorces, both parties can sign a divorce agreement and avoid appearing in court. However, if your spouse contests the divorce terms, you should consider seeking legal representation.
Q: Can you get a divorce without your spouse knowing?
A: You cannot proceed without giving your spouse notice of your divorce proceedings. You must serve your spouse with the divorce paperwork so that they are aware of the divorce action and have an opportunity to respond. If your spouse refuses to sign the divorce papers or cannot be located, you may need to ask the court for permission to use alternative methods of service.
Q: What happens if your spouse refuses to respond to the divorce petition?
A: If your spouse does not file an answer within the required time frame, you may request a default divorce. At the hearing, the judge will review the paperwork and decide your divorce terms, which may include your requested changes. It is essential to consult with an experienced divorce attorney if you are considering this option, as it can result in a more challenging legal battle.
Q: Can I print my own divorce papers?
A: In Nebraska, there is no legal requirement for either party to retain an attorney. While it is possible to print your own divorce papers, it is not recommended. Without legal advice, you may miss important deadlines and fulfill other court obligations. It is advisable to hire an attorney to help you with the divorce process and ensure that you meet all legal requirements.
If you are facing divorce, it is crucial to understand the legal process and the practicalities of divorce proceedings. Hiring an experienced divorce attorney can help guide you through the process and protect your interests. If you are seeking divorce assistance, please contact our office to schedule a consultation with one of our knowledgeable divorce lawyers.