Getting Divorced - A General Overview

Getting Divorced – How to End a Marriage?

Published:   |  Updated:   |  Posted in: Divorce
Getting Divorced – How to End a Marriage?

Parting ways with a loved one is one of the saddest moments in a person’s life. The thought of ending a union you imagined to be a lifelong commitment often leads to anxiety, making divorce a significant stressor among adults. However, you can overcome the stress of divorce by learning the proper way to separate your paths from one another. But first, check out these eye-opening statistics on divorce.

  • America has the world’s sixth-highest divorce rate. (Source)
  • A little less than 700,000 US couples separated in 2021. (Source)
  • Some 7 out of 10 divorce proceedings are initiated by women. (Source)

Let’s learn how to divorce appropriately in the United States. This guide will help you end a failed marriage on good terms and pave the way for a hassle-free remarriage in another country.

5 Reasons for Getting Divorced

Did you know that over half of marriages in the world end in divorce? If you want to learn how to get a divorce easily, you must first look into “why” so many couples decide to go their separate ways. Here, we’ll briefly mention five significant reasons why people are getting divorced nowadays:

  • Lack of commitment seems to be the dominant reason behind the divorce
  • Arguing too much is the second-most common reason for a divorce
  • A lot of people file for divorce after getting cheated on
  • Marrying at an early age may lead to divorce later
  • Domestic violence is a valid reason for divorce

Now, you’re ready to explore the process of getting a divorce and learn all the significant steps involved in this heartbreaking procedure.

How to Get a Divorce Easily? A Step-by-Step Guide

Did you know that a couple gets divorced every 13 seconds in the world? Getting divorced isn’t a simple procedure; it requires prolonged deliberation, legal assistance, involving one’s family, and determining if separating from your loved one is the best way to move forward.

If you don’t want to stay married to your partner anymore, here’s how you can divorce them:

Step #1: Separation

Let’s start with separation, the preliminary stage of divorce and arguably the most stressful part of these proceedings. Experts believe that separation is a harrowing time for female divorcees. However, the separation period is necessary to ensure divorces don’t occur overnight.

You can live apart from your would-be ex either formally or informally. This period of separation leads to divorce if you decide not to move back and live with your partner again.

Step #2: Who’s at Fault?

If you wish to get a divorce fast, choose between these two options:

  • At-fault: You blame your partner for the divorce due to reasons like infidelity, abandonment, or violence.
  • No-fault: You don’t claim any wrongdoings as grounds for divorce and part ways with your spouse due to irreconcilable differences.

Just remember that at-fault divorces are time-consuming procedures.

Step #3: Divorce Petition

After determining the correct grounds for divorce, you can ask the court to terminate the marriage. You file a divorce petition in a state where you or your would-be ex has been living for a specific time, i.e., three to twelve months. If your petition meets the state’s residency requirements, only then will it get the court’s approval. Now, divorce proceedings have officially begun.

Step #4: Proof of Service

The next step is to serve your spouse and give them a copy of the divorce petition. Notifying the spouse is an integral part of divorce proceedings. If your spouse isn’t willing to get served, you may have to inform them by hiring the services of a process server.

Then, file a proof of service showing that you did notify your partner.

Step #5: Temporary Court Orders

If you’re in a hurry and can’t wait for the divorce to be finalized, here’s what you can do. Get temporary court orders to settle matters like custodial rights and child support while the divorce is still pending.

These court orders are for now and will be replaced with your finalized divorce certificate. This is where things get serious as you get closer to getting divorced.

Step #6: Settlement

At this stage, you and your soon-to-be ex will attend a settlement conference to decide who gets the kids, who will pay how much in child support, how to divide joint assets, and other crucial matters. If you’ve hired an attorney, please go to a settlement conference with them. – They will accompany you in this unfortunate circumstance of your life. In fact, the attorney comes from both sides, so you have to relax with the legal matters.

In some states, mediation is mandatory at this stage, where a neutral third party resolves complex issues arising between you and your would-be ex-spouse.

Step #7: Trial

It’s argued that just 10% of divorce cases go to trial. Usually, more complicated cases can’t be settled in amicable settings. So, couples can take their case to a judge (or sometimes an entire jury) to determine who’s at fault and who gets what. But remember that trials are time-consuming, cost a pretty penny, and may turn your private affairs into a public spectacle.

Besides going to trial, you may try mediation or private arbitration as more suitable alternatives.

Step #8: Judgment

Ultimately, the judge will make the divorce final and dissolve your marriage, essentially ending it. That’s why it’s also called an “order of dissolution.” The judge will also decide the specifics of visitation rights, child support, and custody. Aside from the court-issued divorce decree, you should also apply for a divorce certificate, translating this document if you plan to remarry in a different country.

Here you go, the proper way to get a divorce fast and end a marriage legally. Now, you’re ready to get back to your bachelor life and find a different life partner who understands you better.

Document Required to Get a Divorce Fast

This is a partial list of the documents needed for divorce proceedings. Ensure you have hired a divorce attorney who can tell you what extra paperwork you must submit to get divorced successfully. Some documents couples usually have to show include the following:

Personal

Submitting these docs is the first step toward getting a divorce. Collect your spouse’s police records and medical history if their criminal history or chronic illness is the reason why you’re filing for divorce:

  • Marriage license
  • Prenuptial agreement
  • Passport or driver’s license
  • Relevant birth and death certificates

Financial

Be proactive when collecting and submitting the documents related to your finances.

  • Mortgage statements
  • Credit card statements
  • Retirement account statements e.g., 401(k)s, IRAs, pensions, and others
  • Statements from investment accounts
  • Income documents and employee records
  • Tax returns from at least the last three years

Assets

Share the documents related to your assets so all the properties you own can be divided between you and your soon-to-be ex-spouse fairly:

  • Property deeds
  • Personal property documents
  • Purchase, rental, or lease agreements
  • Joint financial accounts statements
  • Docs related to debts, e.g., student loans, credit card debts, and others

Children

Submit the documents related to your children if you have any:

  • Birth certificates
  • Identification documents
  • Health insurance plans
  • Social security information

End-of-Life

These documents dictate what happens to your assets in case of your demise:

  • Will and Trust agreements
  • Life insurance policies
  • Power of attorney
  • Advance healthcare directive

After finalizing your divorce, remember to get the papers translated into a different language if you intend to find another spouse outside of your country. You may remember the blog on getting married in Italy in which we discussed how you can only remarry someone in Italy if you show divorce papers. So, translating your docs today will prevent them from being a headache in the future.

5 Tips to Get Divorced Successfully

Even though January – the “divorce month” for US couples – has passed, many couples are looking for correct information on how to get a divorce easily. Maybe you’re afraid to get out of a marital commitment out of the fear of stress. Or, you didn’t know the proper way of getting a divorce (which you do now). So, here are a few simple tips to get a divorce fast and get back to the world of singles:

Get a Support System

Even amicable separations can be upsetting for married couples, so you need a robust support system during the divorce. Ensure you’re surrounded by friends and family who can get you through this challenging phase of life.

Get Finances in Order

Divorces beget financial distress. So, gather essential financial records and make copies before initiating divorce proceedings. Unlink your credit history with your spouse, close all joint accounts, and keep a detailed record of everything going forward.

Change All Your Passwords

You can’t risk your spouse having access to your digital or bank accounts after the divorce. So, quickly update your passwords even if your partner doesn’t know them (spouses can guess each other’s passwords sometimes).

Put the Kids First

Getting custody of kids is the messiest part of divorce proceedings, leading to bitter memories when not arranged correctly. Always put selfish desires behind you when deciding the fate of your kids. Keep their demands in sight when deciding matters like custody and visitation rights.

Hire a Divorce Lawyer

You may be thinking, “How to get a divorce without a lawyer?” Sure, getting divorced without a lawyer is possible. But it’s better to hire a divorce attorney who can advocate on your behalf and prevent your spouse’s lawyer from suppressing your side of the story.

Conclusion

In this blog, you learn how to get separated from your significant other in a few not-so-simple steps. After the divorce is finalized, get the divorce papers translated into another language if you plan to remarry overseas. Registering your marriage in another country will be easier if your divorce certificate is in the local language. The same is true if you were divorced in a different country and seek remarriage in the United States.

If you want to order reliable translations, look at TranslateSwift to get a swift, certified translation of your divorce certificate for a reasonable price. These USCIS-certified translators ensure a 100% acceptance rate, letting you remarry quickly in another country after getting divorced.

So, contact TranslateSwift professionals to convert your divorce papers into another language.

FAQs – Getting Divorced

How long does it Take to Get Divorced?

The time it takes to get divorced in the US depends on many factors. For instance, getting divorced with kids can take 15 months but less than a year if you two don’t have children together. If the divorce goes to trial, you should expect divorce proceedings to take as many as 18 months.

Do you need a Reason to Divorce Someone?

You can get a no-fault divorce in which neither you nor the spouse is deemed responsible for ruining the marriage. In this type of divorce, you can cite irreconcilable differences as grounds for separation. So, to answer the question, you do need a reason to get a divorce in the United States.

How do you Split your Assets when Getting Divorced?

It depends on whether you had signed a prenup before getting married. Also, if you get divorced in California (a community property state), any assets acquired while you were married are considered joint marital assets. They would be split equally between you and your spouse after a divorce.

How long do you have to be separated before Divorce?

It would help if you were separated from your spouse for a certain period before an “absolute divorce” happens. This period can range from six months to two years, depending on which state you’re residing in. So, check your state’s separation requirement to determine when you can legally file for a divorce.

How much does a Divorce Cost in 2024 in the US?

The cost of getting a divorce depends on how many experts you hire, e.g., tax advisors, divorce lawyers, real estate appraisers, etc. Generally, separating from your spouse will cost from $15k to $20k; however, you may reduce this cost by getting divorced without a lawyer’s involvement.

[This blog is a part of a series covering the subject of getting married and separating from your partner. In this series, we’ll look into how to get a divorce easily in different countries so you can read about this topic based on your country of citizenship.]