Navigating Divorce Proceedings: Essential Steps for Families

Going through a divorce?

If so, you’re not alone. Between the emotional upheaval, legal jargon, and financial implications — divorce can easily become an overwhelming experience for any family.

In fact, if left unprepared, one or both parties in a divorce may find themselves buried in hundreds or even thousands of dollars in costly mistakes that can be avoided with a basic understanding of divorce proceedings and available support services.

The good news is that with the right information and support, the divorce process doesn’t have to be a nightmare.

To help you navigate this complicated time, we’ve put together your essential roadmap for divorce help and common family law services that can make all the difference when families find themselves in need.

Let’s get started…

Table of Contents

Your Essential Roadmap:

Why Common Family Law Services Matter
Getting Started: Filing Your Divorce Petition
Dividing Assets and Debts the Right Way
Protecting Your Children Through the Process

Why Common Family Law Services Matter

Let’s get one thing straight…

Divorce is never simple. It’s about unwinding decades of shared finances and bank accounts, deciding custody arrangements, and sometimes even figuring out how to start over completely.

It’s no surprise then that when families are ready to end their marriage, they typically need help with a range of family law issues, including property division, child custody arrangements, spousal support calculations, and legal document preparation.

Professional legal assistance is there to help families make sound decisions and prevent missteps. Simple oversights in a divorce proceeding can lead to thousands of dollars in expenses and a lifetime of conflict down the road.

But here’s what most people don’t realize…

Did you know that 41% of first marriages now end in divorce according to recent statistics? This means nearly half of all married couples will eventually need to understand common family law services and navigate the divorce process.

And just how expensive is divorce these days? Forbes reports average divorce expenses between $7,000 to $15,000 in 2024, with contentious divorces costing substantially more.

These stats make it abundantly clear why getting a handle on these services from the start is so critical.

Getting Started: Filing Your Divorce Petition

Ready to take the plunge?

The very first step for any family filing for divorce is submitting the divorce petition to your local family court. This filing sets the divorce process in motion and outlines basic information including:

Marriage and separation dates
Details on children from the marriage
Court orders being requested
Property and assets involved

One important detail — most states have residency requirements prior to filing for divorce. Usually, one spouse needs to have lived in the state for at least six months, and in the county where filing for three months.

And that’s just the filing. The very next step is to serve divorce papers on the other spouse.

This must be completed using the appropriate legal channels — typically by a professional process server or law enforcement officer. The served spouse then has 30 days to respond.

And if they don’t respond? Well then the other spouse can move forward with a default judgment that essentially grants the divorce without input from the other party.

Property Division: What You Need to Know

Get ready for the hard part…

Dividing up marital property is one of the most contentious aspects of divorce. Property division is contingent upon whether families live in one of the 9 “community property” states or the 41 “equitable distribution” states.

Community property states consider everything acquired during the marriage to be equal shared property. This includes:

Spousal incomes and wages
Real estate and property purchases
Retirement and investment accounts
Business interests

In this scenario, each spouse is entitled to 50% of all community property. Assets acquired before marriage, inheritances, and gifts are separate property and typically do not get divided.

But in equitable distribution states, things work quite differently.

Courts divide marital assets fairly — but not necessarily 50/50. Factors judges consider include:

Each spouse’s income
Earning capacity
Contributions made to the marriage

Pro tip: Begin early with a thorough documentation of all assets and debts. The more information gathered now, the easier this step will be.

Child Custody and Support Arrangements

What’s the most important part of any divorce process?

Protecting the interests of any children involved. Child custody arrangements dictate where children live and who has legal authority to make major decisions about their lives. There are two parts to consider here:

Physical custody arrangements
Legal custody arrangements

Physical custody determines which parent children spend most of their time with. Legal custody covers the authority to make major decisions about their education, healthcare, and religious upbringing.

Courts will always look to make decisions with the best interests of children in mind. This includes several factors including:

The ability of each parent to care for children
Children’s relationship with each parent
Stability of each parent’s home environment
The children’s wishes (depending on age)

And then there’s child support…

Child support calculations differ from state to state but generally include both parents’ incomes, the number of children involved, and custody arrangements. Non-custodial parents pay child support to help with the children’s living expenses.

Child support laws have changed over the past decade to better account for remote work, digital nomadism, and gig employment. Child support calculations now factor in more dynamic and nontraditional income models to better fit our evolving economy.

Spousal Support Considerations

Here’s a question on many people’s minds…

Is someone getting alimony?

Spousal support is not guaranteed in any divorce. Instead, several factors go into whether it makes sense for families to pay alimony:

Length of the marriage
Spouses’ incomes and earning capacity
Standard of living during the marriage
Age and health of both spouses

Duration and amount of alimony can vary widely.

Short-term marriages usually result in little to no alimony awards. Longer marriages of 10 years or more may lead to longer periods of support, or in some cases permanent support in certain states.

Spousal support agreements can be modified if there is a significant change in circumstances. Job loss, medical conditions, and even remarriage can be reasons for modifying support orders.

Alternative Dispute Resolution Options

Court is not the only option…

Mediation has become increasingly common for settling divorce cases. A trained, neutral mediator facilitates negotiations between couples to help them agree on contested issues.

Benefits of choosing mediation include:

Cheaper than traditional litigation
Typically faster than court procedures
Gives families more control over outcomes
Eases conflict and emotional distress

Collaborative divorce is another option gaining traction. In this process, each spouse hires a specially trained attorney with a commitment to settling disputes outside of court.

This creates greater incentive for all involved to compromise and reach a settlement.

Finalizing Your Divorce

Almost there…

Once all contested issues have been resolved — whether through settlement or trial — a final divorce decree is issued by the court. This legally binding document marks the official end of the marriage and includes all agreements regarding:

Property division and debt allocation
Child custody and visitation schedules
Child support amounts
Spousal support details
Name change if applicable

States usually have a waiting period before divorce is final.

This is often called the “cooling off period” and varies by state but generally ranges from 30-90 days. All court orders remain in effect during this time and must be followed.

Once the final decree is issued and the waiting period over, the divorce is final. At this point, both parties are free to start their next chapters.

Quick Recap

Navigating divorce proceedings is a complicated process. But it doesn’t have to mean the end of families emotionally or financially.

Common family law services are here to guide and support families through the divorce process. From filing paperwork and collecting information to negotiating property division and protecting children — professional legal assistance can make all the difference.

Don’t forget these key points:

Research your state’s requirements and residency laws
Collect all documents pertaining to assets, debts, and income early on
Children’s wellbeing comes first in all custody decisions
Consider alternative dispute resolution like mediation or collaborative divorce

Millions of families get divorced every year. But with proper planning, professional support, and the right understanding of the process and available services — divorce proceedings can be navigated successfully.