Call us: 503-255-8795

Tag: Family Law Lawyer

Navigating Legalities of Child Custody in Family Law

Navigating Legalities of Child Custody in Family Law

Written by George McCoy on . Posted in Family Law. No Comments on Navigating Legalities of Child Custody in Family Law

Protecting the mental, physical, and emotional well-being of a child is the most important part of establishing child custody. For Pacific Northwest family law, several complex factors can contribute to the custody decision. Our experienced attorneys at Warren Allen can help navigate the legal requirements for a child custody agreement. 

Below is a helpful guide on the types of child custody arrangements, the factors that affect custody decisions, and how an attorney can help you determine the right action plan.

Types of Child Custody

There are two types of custody arrangements established in Oregon law. The first is called joint custody, which can be a confusing term. Joint custody simply means that both parents share equal responsibility for the decisions made for a child, even when the child lives primarily with one parent. 

Joint custody might look like a child lives with one parent during the school year and the other during summer. It might also mean that a child lives with a parent one week and the other during the opposite week. Some agreements might have the child with one parent during the week, and the other on weekends and holidays. For the courts to grant a joint custody arrangement, both parties need to agree on the arrangement’s terms. 

The second is called sole custody. This means that one parent will be the designated primary parent and make all the decisions regarding the care of the child. Sole custody can happen when parents don’t agree to a joint custody plan or the court determines it is better for a child to remain with one parent. 

Both parents will almost always have the right to access the child’s school, medical, dental, police, and counseling records and authorize emergency medical care if necessary. However, certain factors affect the court’s decision on what type of child custody is awarded and if there are any restrictions on the parents.

Factors that Affect Child Custody 

The primary factor that affects most child custody scenarios is the parents themselves. If parents are already agreeable to an arrangement, this eases the process immensely. If that is not an option, the court will consider several factors to develop a custody agreement. 

The judge will use the information presented to determine what is in the best interest of the child. They will consider things like who the primary caregiver has been. If the child needs physical and mental accommodations, that is another consideration. The court will also consider the child’s preference of which parent they want to live with. The strength of family relationships with other family members is also another consideration. 

The fitness of each parent and their ability to offer a safe and stable home is considered. Whether or not each parent has taken an interest in the child or children, their attitude towards the child and maintaining a relationship is another factor. Whether each parent is encouraging and facilitating a close relationship with the other parent can affect the outcome of a custody agreement.

The court will also consider if there has been abuse by the parent to either the child or the other parent. The court also considers any evidence of a history of substance abuse, crime, or violence. The court will also look at a parent’s lifestyle, marital status, income, or social environment and consider if adequate child care is in place when the parent is at work. 

If any of these is determined to be harmful to the child, they can be factors in determining custody. The court may order supervised visits and potentially give sole custody to one of the parents if it feels it’s in the child’s best interest. 

How An Attorney Can Find the Right Plan

It’s essential to have a Pacific Northwest family law attorney to help you navigate the legal complexities the court requires while coming up with a plan that works for you and your child. Even if both parties agree, it’s important to have an experienced attorney look for potential issues that may come up. When the parties don’t agree, you’ll need an attorney to ensure your rights and your child’s rights aren’t violated. 

The courts require a parenting plan to be a part of the process for determining child custody. The parenting plan helps parents determine the physical, mental, and emotional needs of the child or children. It will also outline the time each parent will spend with their child, known as “parenting time.” 

Parenting time is also used to determine any child support. The plan outlines who makes decisions, the weekly schedule, vacation and holiday schedules, how parents will exchange their children from one home to the other, and will clearly delineate other decisions and obligations both parents agree to. 

Having an attorney oversee this process can help ensure you’re not missing vital information the court will require or mistakingly agreeing to something you didn’t have to agree to. 

Unfortunately, there are too many instances where this situation is tense and strenuous. Having an attorney will help you know your rights, file for temporary parenting plans if necessary, and help ensure that you are not breaking any laws. If the situation is unsafe for you or your child, knowing what protections are available to you and how to access them is important. A good family law attorney is there to help you gather the information that the court will need, navigate these difficult situations, and develop the right action plan. Navigating a child custody agreement can be one of the most challenging and emotional times for parents and children. Our experienced family law attorneys at Warren Allen are here to help and guide you with our extensive knowledge and solid experience. Schedule a consultation with us today to help you navigate the best outcome for you and your child.

What Does Pacific Northwest Family Law Include?

What Does Pacific Northwest Family Law Include?

Written by George McCoy on . Posted in Family Law. No Comments on What Does Pacific Northwest Family Law Include?

Family law encompasses a complex web of legal issues that can arise within familial relationships. It is a crucial branch of law that provides a framework for resolving conflicts and establishing rights and responsibilities among family members.

In the Pacific Northwest, which includes states like Washington, Oregon, Idaho, and Alaska, family law addresses various matters affecting individuals and families. This article delves into the realm of Pacific Northwest family law, highlighting the key legal services that fall under its purview.

Pacific Northwest Family Law

Family law in the Pacific Northwest is a multifaceted area of legal practice that revolves around domestic relationships, marriage, divorce, child custody, adoption, and more. Its primary focus is safeguarding individuals’ well-being and rights within the context of family dynamics.

Marriage and Divorce

One of the cornerstone aspects of family law involves marriage and divorce. Attorneys specializing in Pacific Northwest family law assist couples in navigating the legal intricacies of marriage, including prenuptial agreements, property division, and spousal support. When marriages break down, family law attorneys guide individuals through the divorce process, helping them reach equitable settlements while addressing matters such as child custody, visitation, and child support. These cases involve the dissolution of a marital union, dividing assets and liabilities, establishing child custody arrangements, and determining alimony or spousal support.

In the Pacific Northwest, divorces are subject to specific state laws that outline the procedures and requirements for ending a marriage. Attorneys specializing in family law in this region help clients navigate the often emotional and intricate divorce process while ensuring their rights and interests are protected.

Child Custody and Visitation

Child custody disputes can be emotionally charged and legally complex, forming a significant portion of Pacific Northwest family law cases. Whether arising from divorce, separation, or disputes between unmarried parents, these cases center on determining the child’s best interests. Family law attorneys work tirelessly to secure custody arrangements that promote the child’s welfare, advocating for joint or sole custody based on the circumstances.

They also aid in establishing child support orders to ensure financial stability for the child’s upbringing. Visitation arrangements, or parenting plans, are essential components of child custody cases. These arrangements outline when and how non-custodial parents can spend time with their children. Family law professionals work closely with clients to develop custody and visitation arrangements that prioritize the child’s best interests while considering the family’s unique circumstances.

Child and Spousal Support

Child support and spousal support (often referred to as alimony) are financial obligations that may arise after a divorce or separation. Pacific Northwest family law establishes guidelines for calculating these payments, ensuring that they are fair and in line with the financial needs of the recipients and the means of the payers. These calculations take into account factors such as income, employment status, and the needs of the dependents.

Attorneys specializing in family law will assist clients in negotiating and enforcing support orders, guaranteeing that financial responsibilities are met.

Adoption and Guardianship

Adoption and guardianship proceedings are another significant facet of Pacific Northwest family law. Prospective parents looking to adopt must navigate a legal process that varies depending on the adoption type, whether agency-based, private, international, or step-parent adoption. Family law attorneys help clients understand the requirements, rights, and responsibilities of adopting a child, ensuring the process is completed smoothly and ethically.

Guardianship cases involve individuals who take legal responsibility for minors who are not their biological children. These cases often arise when parents are unable to care for their children due to various reasons, and family law professionals aid in establishing legal guardianship arrangements that protect the child’s well-being.

Domestic Violence and Restraining Orders

Protection against domestic violence is a critical aspect of Pacific Northwest family law. Attorneys specializing in this area work with victims to safeguard their physical and emotional well-being. Victims of domestic violence can seek protection through restraining orders or protection orders that legally prevent their abusers from contacting or approaching them.

These orders can include provisions related to child custody and visitation and can provide essential relief and a sense of security for individuals facing abusive situations. Family law attorneys assist victims in obtaining the necessary legal protection and help them navigate the legal system to ensure their safety.

Property Division and Alimony

In cases of divorce or separation, the division of marital property and the determination of alimony (spousal support) are integral components of Pacific Northwest family law. Attorneys guide their clients through the equitable distribution of assets, ensuring that both parties’ financial rights are upheld.

Mediation and Alternative Dispute Resolution

Mediation and alternative dispute resolution (ADR) methods play a vital role in Pacific Northwest family law cases. These processes offer an opportunity for parties to negotiate and settle disputes outside of court, reducing stress, time, and costs. Family law attorneys skilled in mediation facilitate productive conversations between parties, aiming to reach mutually agreeable resolutions in matters such as child custody, support, and property division.

Paternity and Parentage

Establishing paternity or parentage is another essential aspect of Pacific Northwest family law. Attorneys assist clients in cases where the biological parentage of a child is in question, helping determine parental rights and responsibilities, including child custody and support obligations.

Pacific Northwest family law encompasses a wide array of legal services aimed at preserving the welfare and rights of individuals within familial relationships. Whether dealing with marriage, divorce, child custody, adoption, domestic violence, property division, or other matters, family law attorneys in the region play a crucial role in guiding their clients through complex legal processes. With an emphasis on mediation, alternative dispute resolution, and the child’s best interests, Warren Allen LLP offers Pacific Northwest family law that strives to create a framework that ensures fairness and stability for families during times of harmony and discord.

Are Family Law Attorneys Just for Divorces?

Are Family Law Attorneys Just for Divorces?

Written by George McCoy on . Posted in Family Law. No Comments on Are Family Law Attorneys Just for Divorces?

When you’re looking to hire an attorney in Portland, it’s important to know what the different fields of law cover. If you’ve never needed a family law attorney before, you may be thinking that family law lawyers only handle divorces. While divorces are a large segment of this field of law, it’s far from the only thing they help clients with.

Why Might I Need a Family Law Attorney in Portland?

When it comes to major life changes, it helps to consult with an expert. For major shifts such as getting divorced, separating, or requesting a change in custody of a child, a family law attorney would be the expert to consult with.

The family law field covers legal disputes between two parties, usually family members, spouses, former spouses, domestic partners, or parents and children. Family law attorneys will help you navigate and resolve the issues involving that kind of relationship. They also understand the sensitivities involved because of personal matters.

Another thing to keep in mind is that laws, rules, required actions, and regulations vary for each state. Thankfully, experienced attorneys are experts in the guidelines of the states where they practice.

Aside from divorce, Portland family law attorney services include legal advice, support, and representation on nonmarital cohabitation, conservatorships, and family law-related appeals. Read on to find some more examples:

Prenuptial Agreements

As the name implies, this is a legal service conducted before a marriage is made legal. It often includes things like how property will be divided in case of a divorce. Family law attorneys can also help with postnuptial agreements.

Child Custody and Visitation Rights

Whether or not you were ever married, custody and visitation are an important part of a separation if you share children. This area entails creating guidelines for co-parenting, such as figuring out parenting plans and time schedules.

There are different kinds of custody:

  • Physical, or the amount of time spent with each parent.
  • Legal means the parents have a say in matters such as schooling, healthcare, and general lifestyle.
  • Sole custody means only one parent has primary physical and legal custody of the child, although the other parent may be allowed visitation.
  • Joint custody means it is split between both parents. This is not necessarily a 50/50 split. Decisions like the exact amount of time spent residing with a parent will vary depending on several factors.

Some parents can agree to an arrangement that satisfies them both, but some custody and visitation discussions can be very contentious. This is one of the very sensitive and emotional issues that family law attorneys are equipped to handle. If the parents cannot come to an agreement, the court will decide based on the children’s best interests.

Child Support

Attorneys can help come up with a child support agreement based on custody, income, and client’s wishes. Each state has its own child support guidelines, which a family law attorney will be familiar with. Attorneys are also used if a parent is not supplying the child support they were ordered to by the court.

Establishing Paternity

Establishing paternity can be an important aspect of deciding child custody and support. It’s another delicate and emotional legal matter where family law attorneys will provide immeasurable help.

Alimony and Spousal Support

Alimony or spousal support is a financial arrangement post-divorce. Typically, if one party makes significantly more than the other, they will pay a certain amount per month to their former spouse. It enables the spouse to continue living a similar lifestyle.

This is an agreement that can be temporary or permanent. The exact parameters of alimony will depend on the individuals and the state where they reside. For instance, certain jurisdictions have time limits.

Family law attorneys also handle palimony, which is a similar financial arrangement, only between two separated parties who were not legally married.

Marital Property

Division of property and/or assets may already be laid out in a prenuptial agreement, or the former spouses could come up with an arrangement that satisfies them both amid the divorce. In that case, it’s still wise to have an attorney to consult, as they’ll make sure everything is up to snuff.

There’s also a possibility that the division of property will be contentious. In some cases, this can be worked out and resolved with each party and their attorney. But if that still doesn’t settle things, the decision may be turned over to a judge and a court.

Some determining factors include income, length of marriage, the amount of property, and the spouses’ respective ages. The division of property can also vary by state. In some areas, a court will most likely determine that marital or community property should be divided up 50/50.

Legal Separation

Some choose a legal separation over a divorce. Since it is also a legal arrangement, it helps to have an attorney in your corner.

Adoption and Foster Care

Family law attorneys can act in facilitating a private adoption. Adoption can include a stepparent legally adopting their stepchild, and may require one or both biological parents to abdicate their status as parents.

Guardianship

Guardianship refers to being legally able to make decisions on behalf of another individual. It is often used for children and can be a step toward adoption. It can also be used when an adult is unable to take care of themselves. When guardianship is granted, the adult or child is then referred to as a protected person.

Emancipation

In family law, emancipation refers to a minor requesting to be released from the custody and control of a parent or guardian. Once granted, the minor will typically be enabled to make legal decisions for themselves instead.

Domestic Abuse

Family law attorneys take these accusations very seriously and will help with obtaining orders of protection.

For the best family law attorneys in Portland, look no further than our team at Warren Allen LLP. We have provided top-of-the-line legal services to the Pacific Northwest area for over fifty years now. For more information on our Portland family law attorneys, visit our website.

5 Tips for Determining Custody and Parent Time

5 Tips for Determining Custody and Parent Time

Written by George McCoy on . Posted in Family Law. No Comments on 5 Tips for Determining Custody and Parent Time

When determining custody and parent time, it’s important to consider the best interest of the child. Above all, the well-being of a child is the priority and will be considered when reaching custody agreements and visitation rights. It is meant to protect the mental, physical, and emotional well-being of a child, placing them in the care of a parent or guardian who can provide the best possible environment and upbringing.

Not only should their best interests be your top priority, but it is also a standard used by judges if a custody agreement cannot be reached. A Pacific Northwest family lawyer can help you look at the actions typically considered most beneficial to a child. Read on to learn how to determine custody arrangement and scheduling for parent time, and how it benefits each child so they can receive the best possible upbringing.

1. Develop a Parenting Plan Proposal

“Parenting time” is simply a written agreement on how much time each parent spends with the child, as well as how decisions are to be made for their welfare and education. It is also referred to as a “custody and visitation agreement” or a “time-share” plan. When determining parenting time, it’s important to honestly assess if each parent is fit to provide for the child’s welfare. If so, then a fair schedule accommodating both parents is preferred. The exception is if one parent is unfit and there is good cause to deny visitation. Otherwise, judges look more favorably on parenting time that does not deny visitation or make it difficult for the other parent.

If you can negotiate with the other parent, you can create a proposal that has a balanced and fair plan for time with each parent. Take care to create a plan that is not drastically different from their current schedule, making the transition easier. Remember, as a child ages, the plan will have to change to accommodate their changing needs. If a child is hesitant in spending time with one parent, create a schedule that eases them into spending more time with them.

Include basics such as healthy diet, medical care, proper rest, provisions for holidays, as well as who is in charge of transporting them to activities. It should also include which decisions can be made individually and which need to be made in agreement between both parents. Online resources can help guide you through the process.

2. Track Parenting Time and Related Expenses

Once you have a schedule, keep track of how much time you spend with your child. The court tends to favor the parent who spends the most time with the child. However, if you are proven to be fit and the other parent is blocking your visitation, this documentation can be used as proof of unfair limitations.

Make sure to also keep track of all expenses with receipts of childcare, school supplies, doctor visits, clothing, and other related expenses. This can better illustrate how you contribute to the well-being and care of your child.

3. Create a Safe Space

Creating a stable home for your child is essential to their best interest and well-being. A safe home where your child is comfortable and can thrive helps ensure their physical, mental, and emotional needs are being met. A stable home makes it easier for a child to receive proper rest and creates an environment where they can focus on social and educational development. A safe space also allows your child to speak truthfully about how they are coping with a divorce or separation, without repercussions.

When creating a stable environment, take care to have reliable childcare while at work or during other engagements. This can influence a judge’s decision when determining custody or visitation.

4. Understand the Best Interests of the Child

Each state has a different checklist for figuring the best interest of the child. Contact a Pacific Northwest family law attorney to learn how your state determines the best interests of the child.

Does the judge consider the child’s preference? Does the court disregard socioeconomic background or gender? Can the court task a guardian ad litem to conduct an investigation to figure out the best parenting arrangement?

Though each state varies, some common factors in figuring the best interest of the child include:

  • Parental fitness
  • The parent-child relationship
  • Age of the child
  • Who has been the primary caretaker
  • The mental and physical health needs of the child
  • A parent’s history of crime, violence, substance abuse
  • Any suspected child neglect, abandonment, or abuse
  • Provision of stability for the child

You can also demonstrate you have their best interest in mind by knowing what they like and dislike, as well as their personal interests. Do you know their favorite food, activities, who their friends are, what they struggle with? How well do you know your child can determine custody and visitation rights?

5. Be Willing to Co-Parent

If both parents are fit, then your child benefits most from having both parents in their life. In this scenario, it’s best to co-parent. It will benefit your child and reflect favorably with the judge when determining custody and parenting time.

If the other parent is not fit or they are keeping you from seeing your child, it’s important to document these instances and provide as much supporting evidence as possible. If the other parent is unfit and a danger to your child, you need strong evidence supporting this claim. Do not make false accusations. If you are fit but are being denied visitation, keep a written record detailing the times they denied or limited your visitation.

When it comes to custody and parenting time, it may be in both your and your child’s best interest to partner with a family law attorney, seeking counsel and representation.

Let our attorneys at Warren Allen LLP help you. Our experienced family law lawyers handle each case personally and have extensive knowledge in all legal situations related to domestic relations. Contact us today and learn how we can help your unique needs with solid legal advice and representation.

5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

Written by George McCoy on . Posted in Family Law. No Comments on 5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

If you’re getting married, going through a divorce, or in the midst of a custody battle, you know how important it is to have a good family law attorney by your side. You want to find someone who will protect your assets and fight for your interests. But where do you begin?

Warren Allen LLP is experienced in all types of family law matters, and we have some great tips for finding a qualified family law attorney in the Portland, Oregon, area.

1. Ask for Referrals

The best place to start is with your own personal network. If you know anyone who has hired a family law attorney in Portland, Oregon, recently, ask them about their experience. Were they satisfied with their representation? Did they receive a favorable outcome? If so, ask questions about whether they settled the matter out of court or if litigation was involved. What was it about the attorney that made them particularly effective at handling this particular family law matter?

If the person was unsatisfied with their representation, find out why. Getting information about which attorneys to avoid is just as helpful as getting a recommendation for who to hire. If you don’t personally know anyone who has retained a family law attorney in the Portland, Oregon, area, there are other ways to find a reputable attorney.

2. Check Professional Associations

Another option for locating a family law attorney is to check professional membership associations. For instance, the American Bar Association (ABA) has a lawyer referral directory. You can also search your local and state bar associations to find a family law attorney near you. For instance, the Oregon State Bar has both a lawyer referral service and a searchable membership directory.

If you decide to choose an outside lawyer referral and information service, make sure it has the ABA logo. The use of the logo ensures the service meets ABA public service standards.

Whether using your own personal network, checking professional membership organizations, or paying for a lawyer referral service, be sure to properly vet the attorneys you are considering by doing your due diligence in researching their backgrounds and credentials.

Choosing a family law attorney is an important decision. Never make a decision to hire a family law attorney solely based on a recommendation or referral. Instead, gather as much information as you can before making a final decision.

3. Conduct an Internet Search

You can uncover a lot of information about an attorney through a simple internet search; think of it as doing a background check for free. When you’ve narrowed your search for a family law attorney down to a select few, do some internet sleuthing and see what you can find out about each. At a minimum, most lawyers will have a website bio that outlines their background and experience.

You may also be able to find online reviews that will tell you whether the attorney has a favorable track record with former clients. You should also check both their personal and professional social media profiles. LinkedIn, for instance, may provide a breakdown of their employment history and professional accolades. Other social media platforms could give you a glimpse at how they conduct themselves in their personal lives as well.

4. Verify Track Record

Be sure to verify an attorney’s track record beyond a simple Internet search. If you’re using the Oregon Bar Association lawyer referral service (LRS), you can be confident LRS attorneys “are in good standing with the bar, have no current disciplinary proceedings pending, carry malpractice insurance” and agree to abide by customer service standards.

On the other hand, if you find an attorney through another means, you may need to do your own research. If you’re based in Oregon, you can obtain information regarding a state bar member’s current status, past complaints, and history of disciplinary action by calling 503-620-0222, ext. 394. If you’re based outside of Oregon, check your own state bar association to confirm whether the attorney you are considering is in good standing.

5. Schedule a Consultation

Once you’ve narrowed your search, the best thing you can do is schedule an in-person consultation. Some attorneys charge for a consult, while others do not. Contact the firm to see if there is a charge and if so, inquire about the cost.

If there is a fee for an in-person consultation and you’re trying to save money, ask if there is a fee for a phone consult. Whenever possible, you should try to meet in person with any family law attorney you’re considering. At your consultation, ask them about their background and experience, whether they specialize in your particular family law matter, how many similar cases they’ve worked in the past, and for an overview of your options.

Be as detailed and specific as possible with your questions. Take notes. Get a sense of the attorney’s communication skills and whether you feel you could foster a strong attorney-client relationship with them. The impression you get when meeting an attorney face-to-face can go a long way in helping you decide if they’re the right one for you.

If you’re looking for a family law attorney in Portland, Oregon, area, add Warren Allen LLP to your list. We have experienced attorneys skilled in an array of family law matters, from prenuptial agreements to separations and paternity issues. Whether a marriage, civil union, or domestic partnership, we handle each case personally and with the utmost integrity.

As we’ve discussed, first do your due diligence by conducting some research and then schedule a consult with us. We’ll provide you with an honest assessment of your case and if you choose to retain us, we’ll provide you with top-notch legal representation at every stage.

Petition to file for divorce form with hand with pen.

How Do I File for Divorce?

Written by George McCoy on . Posted in Family Law. No Comments on How Do I File for Divorce?

Divorce processes can vary from case to case, depending on the parties involved. Though some can be long and complicated, others can be fairly straightforward. Understanding the process of how to file for divorce can help prevent unnecessary delays and complications. Before you begin the process, be prepared by learning the basics of what steps you will need to take.

Residency Requirements

Before you get started, you must first determine residency and where to file. Most states require that you or your spouse have resided in the state in which you’re planning to file for at least six months. Some states also require three-month residency within the county where you’re filing. The residency requirements can differ from state to state so make sure you do a search of your state’s specific conditions.

Reason for Divorce

All fifty states are no-fault divorce states, though some states still provide the option to allege fault if desired. “No fault” means that only one spouse needs to file a petition, and they may do so without filing a fault-based complaint. The filing spouse may claim “irreconcilable differences” and can have the marriage or domestic partnership dissolved, regardless if their spouse consents or not.

Some states require a separation period before you can file for divorce. States such as Oregon and California don’t require such a period of separation. As each state has different requirements, it’s best to look up these specifications.

Filling Out Forms

Now that you have determined the requirements for filing, the first step is preparing the necessary documents. Often, domestic relations law provides two types of dissolution. The simplest procedure is summary dissolution, which is an uncontested divorce. The other is complex dissolution, which means the divorce is contested.

If your marriage or domestic partnership has limited issues, you may be able to file for a summary divorce. Some of the requirements include:

  • Being married for 10 years or less
  • Neither spouse is pregnant
  • No minor children involved
  • No real estate owned
  • No more than $15,000 in debt
  • Personal property values less than $30,000
  • Petitioner waives the right to alimony and temporary orders

If you don’t meet these requirements, you’ll have to file for a complex dissolution. Depending on which dissolution you choose, each requires specific forms. If you and your spouse have biological or adopted minor children, additional forms will be required.

Regardless of which procedure you use, your documents must include a petition for divorce and a summons. The petition for dissolution will outline for both the judge and your spouse what you’re asking for in the divorce. The summons is a document notifying your spouse that they need to appear in court. It also includes instructions prohibiting moving out of state with joint children and written consent required for obtaining passports for the children.

Reviewing All Forms

It’s imperative your forms are reviewed for accuracy. Though the court may have resources to help you review these forms, you may want to consider working with a family law attorney. If your forms are not in order and any of the information is inaccurate or incomplete, this can affect the outcome of the divorce.

Making sure that you have all the necessary forms to successfully file for divorce can be difficult without help. Each case has its particular needs. Do you require alimony? Division of property? Child custody? A do-it-yourself approach may affect the outcome in an undesired way. If you need legal advice and representation, contact our expert team at Warren Allen LLP. Our experienced family law lawyers are able to help with your unique situation and needs.

Filing Forms

Once your documents have been thoroughly reviewed, it’s time to file them in the appropriate county. Turn in the petition for dissolution with the Circuit Court Clerk’s office in the county where you or your spouse resides.

When doing so, you must also pay any fees associated with filing for divorce. If you cannot afford the fees, it’s possible to ask the judge to waive or defer the fees. However, you’ll have to fill out court papers documenting a low income.

Serving the Forms

Unless you’re filing for divorce with your spouse as co-petitioners, the law requires you to inform your spouse of the intended divorce. This is done by serving your spouse with copies of the divorce petition as well as all other paperwork filed with the court. This can be done by mail or by personal service.

Personal service doesn’t mean that you can personally hand the papers to your spouse. They must be served by another adult over the age of 18. Once the papers have been received, your spouse signs a “Proof of Service” or “Acceptance of Service” form (depending on the state). If your spouse refuses to sign, you can hire a private process server or pay a fee for the county sheriff to deliver them in-person.
If your spouse is difficult to locate, you can obtain an order signed by a judge that allows you to publish or post a notice that you have filed for divorce. This may include posting in the courthouse or publishing in a newspaper.

Finalizing the Divorce

After your spouse has been served, there are various options they can take. Your spouse can default, which means they do nothing, or they can file a response agreeing or disagreeing with the terms of the divorce. They have 30 days to file a response with the court.

If your divorce is uncontested, you can write up an agreement outlining the terms and fill out final forms to be submitted to the court.

If you cannot reach an agreement on the terms or your spouse contests the divorce and a compromise through mediation cannot be reached, you must ask the court for a divorce judgment. A trial date will be set and, ultimately, a judge will determine the terms of the divorce.

Having an understanding of how to file for divorce will help, but ultimately, a knowledgeable family law lawyer on your side will better ensure a smoother dissolution and potentially help you achieve your specific needs.