Easiest Way to File Divorce in the Light of Family Law

Marriage is not just a contract. It is a bond of trust, love, and a lifelong promise of staying together till the last breath. However, if two people don’t choose to compromise and overlook the mistakes of each other, this bond of trust and love can turn into toxicity in no time. The only way left then is to either stay in that unhealthy relationship or get out of it. While many people still continue to stay in a toxic marriage, trust me, it’s far better to get out of it. An unhealthy marriage is going to affect you both mentally and physically. Your mental health especially could be put at stake, and there is a high chance that you’ll fall victim to depression. Your mental health is one of the most important and precious assets of life and shouldn’t be compromised for anything else, and if you choose to compromise it for a marriage that gives you nothing but pain, then my friend, you really should reconsider your perception of life.

Standing up for yourself and going for a divorce isn’t as easy as it sounds. There is a lot of paperwork in the matters of law and more complex things awaiting you ahead. The situation becomes even more difficult to handle when you have children. It might be possible that your ex-partner wants the custody of children, which you can’t agree on. Your situation becomes even more vulnerable when your ex-spouse hires a divorce lawyer to assist him/her.

While you may be able to deal with your case alone, but honestly, it’s not a good idea at all. Divorce is traumatic where you are parting ways with a person who you thought will hold your hands forever. It might be possible that you won’t be able to focus on your case properly because of the shock and trauma. You need a strong attorney by your side to help you deal with your case. It’s the easiest way to file a divorce in the light of family law, and below are the reasons why.

The Lawyer Has Knowledge About Family Law

Before stepping ahead into the world of law all by yourself, you need to have full-fledged knowledge of the legal system. If you don’t have it, you are going to face a lot of disappointment. A lawyer like Bombardieri Family Law would have all the essential knowledge of family law. These legal practitioners are aware of all the ins and outs of the legal system, and know-how multiple situations can be handled at one time.

Deal with the Paperwork

Professional divorce lawyers have experience dealing with the paperwork. You may decide to deal with your paperwork alone, but let it be clear that a single error can turn your whole case upside down. Moreover, if you have children, the paperwork becomes even more complex as you will have to file for child custody and support too. It’s best to leave the paperwork to these professionals as they can handle it without making any errors.

Best at Negotiations

Lawyers are best at negotiating. They have effective negotiating powers that can convince anyone. They have been working in this field for years and know which statements work the best for the jury and the prosecutors. Once you hire a lawyer, you can have all the peace of mind that your case is in good hands. While your lawyers will be working on your case, you will have the opportunity to focus on other aspects of your life and get it back on track.

removing a ring

Different Kinds of Divorce

Here are some of the different titles you might hear about divorces, along with information on how to decide which one is best for you.

Divorce is the only way to formally dissolve a marriage. In many states, though, couples find that it’s not necessarily a question of just getting a “divorce.” Instead, they have alternatives as to what form of divorce they can file.

The form of divorce you pursue will probably rely on your relationship with your spouse if your state provides more than one option for dissolving your marriage (note that in many places, divorce is also referred to as “dissolution”). For instance, if you and your spouse agree on every point, your divorce can be “uncontested,” but you might choose to file for a “default divorce” if you don’t even know where your spouse is.

Contested Divorce

If you and your spouse are unable to resolve one or more marriage matters (such as child custody or property division) through negotiation, a judge will be appointed to make those decisions on your behalf. This is what a “contested divorce” involves.

Divorces that are contested are difficult, time-consuming, and expensive (just think about the rising legal costs). The process of exchanging financial and other pertinent information will take some time, and you may need to appear in court hearings to decide how to handle issues like spousal support while the divorce is still pending.

If you are unable to settle the issue, a court trial will be held. The burdens of a contentious divorce are the main reason why the great majority of divorce cases eventually settle (often with mediation assistance; see below for further information).

To navigate the legal system and ensure they don’t leave anything on the table, the majority of people going through disputed divorces wind up dealing with an attorney. For controversial divorces, some state courts offer forms you can use, but these universal forms aren’t always the best option when the parties have a lot of concerns to settle.

Uncontested Divorce

The majority of states give couples the choice to file for a “uncontested” divorce. You and your husband must agree upfront on all of your disagreements over matters like child custody and visitation (parenting time), child support, alimony, and property division in order to be eligible for an uncontested divorce. The terms of your settlement will then be included in a documented “property settlement agreement.” (sometimes called a “separation agreement”). Uncontested divorces are typically less costly and stressful than disputed divorces because there isn’t much to argue over in court.

After you’ve reached a settlement, you can apply the court for divorce. There are uncontested divorce forms in several states, however some states may ask you to just click a box that says “uncontested” on a conventional divorce form. Some states allow spouses to file jointly, while others only allow one spouse to do so. To learn the procedure in your state, contact the court clerk.

Uncontested divorces are typically expedited by courts, allowing you to finalize your divorce in a short amount of time. In other places, you might not even need to appear in court; instead, you can tell the court any information you need to by submitting an affidavit (a sworn declaration) with the court clerk.

Summary Divorce

Many states offer a special type of expedited uncontested divorce procedure—sometimes called “summary divorce,” “simplified divorce,” or “summary dissolution”—to couples who haven’t been married for very long (usually five years or less), don’t own much property, don’t have children, and don’t have significant joint debts. The divorce must be mutually agreed upon by the couple, and joint court documents must be filed.

If you are eligible under the laws of your state, a simple divorce is an excellent option. Compared to other divorces kinds, it requires a lot less paperwork—frequently, just a few forms are needed. Because of this, summary divorces are simple to complete without a lawyer’s assistance. Typically, you may obtain the necessary forms from the local family court clerk’s office or the official website of your state court.

Pro Se Divorce

In a pro se divorce, one or both spouses represent themselves in court (also known as a “pro per” divorce). Any type of divorce can be handled pro se because there is no legal need that someone hire an attorney to manage their divorce.

However, just because you are able to divorce without legal representation does not mean you should. For uncontested divorces, going it alone is frequently a good alternative. If you have a lot of problems to settle, are hesitant to testify on your own in court, or lack the time to spend to understanding the court’s procedures and completing paperwork, this is not a good alternative for you.

Default Divorce

When one spouse files for divorce and the other (the “defendant” or “respondent”) does not react to the divorce petition, a default divorce happens. This circumstance may occur if the filing spouse is unaware of the whereabouts of the other spouse or if the defendant spouse just refuses to comply.

The methods for handling a partner who is unresponsive vary by state. In the majority of states, the divorcing spouse must make an attempt to serve the opposing spouse with the divorce papers or obtain the court’s approval to serve the absent spouse by publication. The filing spouse may ask the court for a default judgment after showing they are unable to contact the defendant spouse. When such happens, the judge typically has the authority to issue the divorce even if one of the spouses hasn’t taken part in the legal proceedings.

It may seem ideal to get a default divorce because you won’t have to appear in court with your husband. However, you’ll typically still need to go through all the formalities necessary to try to give your spouse notice and the chance to participate.

Fault and No-Fault Divorce

You must have a “ground”—a valid reason—for dissolving your marriage to obtain a divorce in your state. The legal grounds for divorce are outlined in each state’s legislation. People who tried to dissolve their marriage in the not-too-distant past had to demonstrate that the other spouse had committed a wrong, such as adultery or cruelty. Of course, accusing your partner of wrongdoing could lead to a highly acrimonious divorce.

But today, every state provides some kind of “no-fault” divorce. In a no-fault divorce, you only claim that you and your spouse have “irreconcilable differences” or have experienced a “irremediable breakdown” of your relationship rather than demonstrating that one of you is to blame for the marriage failing.

But keep in mind that just because there may be no fault involved in the divorce doesn’t mean the case is uncontested. You still need to find solutions for all your other issues with marriage.

Mediated Divorce

Options are available to you if you need help attempting to work things out before you file for divorce. The term “alternative dispute resolution” (ADR) is used to describe these procedures. Mediation in divorce cases is one of them. Here, you and your spouse meet down with a skilled impartial third party (the mediator) to try to help you address all of the concerns in your divorce.

It is not the mediator’s responsibility to decide for you. Instead, mediators provide advice and aid in communication so that, ideally, you can come to an understanding. A settlement agreement is typically prepared at the conclusion of a successful mediation. You will be able to benefit from whatever accelerated processes your state might have for uncontested divorces if you already have a settlement in place.

Co-Mediated Divorce

Similar to traditional mediation, co-mediation entails two or more mediators working together to assist the couple in coming to a resolution. Although co-mediation isn’t commonly utilized in divorce, it might be a suitable option if you have a unique or complicated problem that has to be solved. For instance, it could be beneficial to have a second mediator who is knowledgeable about childhood development (or another similar field) if you and your spouse are unable to come to an agreement on custody matters involving the child with special needs.

For many couples, mediation is a great option, but it’s not right for everyone. Mediation might not be the ideal choice if there is a history of (or risk of) domestic violence or if there is a general imbalance of power between the couple.

Collaborative Divorce

“Collaborative divorce” is a different ADR choice in which the parties retain their own legal counsel. The attorneys, who have received specialized training in collaborative divorce, consent to work solely on trying to resolve the case. Each spouse consents to attend as many meetings as necessary to try and achieve an agreement, as well as to reveal all facts pertinent to addressing the difficulties in the divorce.

The initial attorneys will step down from the case, as agreed upon by the spouses and their respective legal representatives, if the divorce cannot be settled through the collaborative procedure. To file a lawsuit in court, the spouses will need to retain separate legal counsel. This is carried out to make sure that everyone, including the attorneys, is acting in an honest manner and has nothing to gain from deviating from the settlement objective.

A lot of couples who are thinking about collaborative divorce also think about mediation. Both have benefits and drawbacks compared to one another. Particularly, mediation has a tendency to be more informal and adaptable, largely as a result of the absence (or less involvement) of lawyers in the process. Similar to mediation, collaborative divorce is probably not a choice for couples with power imbalances or where there is a possibility of domestic violence.

Arbitrated Divorce

In contrast to a courtroom, arbitration is frequently performed in a less formal and intimidating atmosphere (normally the arbitrator’s office). It has the advantage of giving you the freedom to choose meeting times that work with your schedule, just like the other types of ADR. This makes it more affordable than having to appear in court, which frequently involves waiting around and accruing attorneys’ fees before a judge becomes available.

Arbitration may have the drawback that, in contrast to other types of divorce, the arbitrator’s ruling is virtually always final. Either party may ordinarily appeal the judge’s judgment after your divorce has been legally finalized. You do, however, forfeit your ability to challenge the arbitrator’s ruling if you agree to arbitrate a dispute. Arbitration is less common than the other ADR techniques since it is somewhat of a risk in that regard.


Keys to a Peaceful Divorce

You’ve decided to file for divorce from your spouse. Your partner shares your sentiments. You’re feeling quite emotional, which is understandable, but you really want to split up with your spouse peacefully. Next, what?

Divorce is difficult. It cannot be denied. However, there is hope at the end of the dark tunnel—divorce doesn’t have to be a competitive, frustrating process. Divorce, when handled politely, can serve as a springboard for attaining your personal objectives while minimizing collateral damage. Your divorce can be successful as well as peaceful.

Here are some essential factors that directly influenced an amicable divorce.

Be prepared to be kind (to yourself and others)

Making peace with oneself is the first step to a smooth divorce. Yes, you are where it all begins. In order to build a solid personal foundation, you need to:

  • Empower yourself with information
  • Practice good mental and physical health
  • Focus on ending this relationship before finding a new one
  • Prioritize your children’s well-being
  • Respect your spouse

Identify and adhere to your goals

It’s important to decide on and put your divorce goals in writing from the beginning. To achieve a friendly divorce, it’s crucial to set realistic goals before we get started. If your goal is to win at any cost, you’ll probably get into a heated argument, feel bad about yourself afterward, or even get into legal trouble. The key to a smooth divorce is for both parties to exercise good judgment and strive for a win-win outcome rather than a one-sided one.

Consider mediation over litigation

Keep the judges and courts out of your divorce. Take charge of your divorce using mediation, which is frequently the most polite way of ending your marriage. In a mediation, a disinterested third party helps you and your spouse have fruitful conversations in order to reach a conclusion. The process is entirely voluntary, private, and intended to help both parties come to an amicable agreement over their differences.

The following are the key lessons to remember when using mediation to have a peaceful divorce:

  • In contrast to litigation, you often spend less on legal fees during mediation.
  • Instead of the courts, you and your partner debate and decide what’s best for your children with the assistance of a custody specialist.
  • Your conversations are kept private.
  • You work according to your own schedule, not the courts’ or judges’
  • You jointly agree on the terms of child and spousal support so that they are not imposed on you by a court order.
  • Participation and communication with your partner are encouraged.

Trust the process

You will need to put in a lot of effort, be patient, and concentrate on your current personal issues if you want your divorce to go smoothly. The objective is to create a fresh, healthy relationship with your previous partner that is frequently entirely different from the one you had before. Although doing so in good faith and with persistent effort sets the stage for a successful future for all parties involved, it takes time and can be challenging to process along the way.

Get professional support

You don’t have to go through with it alone. You can achieve a smooth divorce by working with specialists that care and are driven by goals. You have a variety of options for finding solid support, including mediators, consulting divorce attorneys, coaches, therapists, and more.


You should take your time making your decision because divorce is not an easy procedure. No matter what you decide, it’s crucial not to have any remorse for considering divorce as many people who consider it do not always end up following through. It may hurt to go about your daily business knowing that you are making this choice, but treating the situation delicately is important for everyone concerned.