Serving your divorce papers isn?t a decision to take lightly, and it is an important legal process. However, because of its final nature, it?s important to time your delivery. Make sure there are no means to negotiation remaining with your former partner, and that there is no room for reconciliation except through the legal process. Serve the papers when you are sure you have exhausted all other avenues available, and when you are convinced it is the only available next step.

The process of serving divorce papers requires some form of acceptance from your spouse, which is usually in the form of a signature through accepted delivery. The deliver is usually conducted by the postal service, recorded delivery to provide proof that the petition was received by the spouse. The divorce papers themselves detail the legal case for divorce and the request made to the court ? in this case, that the marriage be legally nullified.

Prior to serving divorce papers, it is essential to get in touch with an attorney qualified and experienced in dealing with divorce issues, which will ensure you adhere to all the procedural requirements of filing for divorce. Likewise, your attorney will be able to advise you as to the best way to complete and serve the relevant paperwork, and how to proceed with your case in court. While you will have to pay professional rates for their services, it is worthwhile to secure a strong lawyer in your field, with a view to settling on the best possible financial deal as a result of your divorce proceedings.

Most people believe that the process of divorce severs all ties with their former spouse. But did you know that many jurisdictions impose a discretionary alimentary allowance? That is to say, where on spouse has formerly been dependent on the income and financial support of the other, the divorce shall not prejudice his or her position by denying the right to an alimentary allowance from the spouse. The remedy? A discretionary periodical payment from the former bread winner – even after divorce.

Divorce Checklist #1 –

Were you the bread winner? Did your spouse have no employment of his or her own? >>> You may owe an alimentary obligation, at the discretion of the court depending on your jurisdiction

Likewise your kids are still your responsibility – even after the dust has settled on your marriage. Depending on your income the amount you will be required to pay will vary. As a rule, most jurisdictions work on either roughly 20% of your income or a fixed amount payable per child over a certain earnings threshold. If your child is under 16, 18 or 21 depending on jurisdiction, you might also have to pay up for their upkeep.

Divorce Checklist #2 –

Did you have children with your former spouse? Are they still under 16, 18 or 21 depending on jurisdiction? You may be liable to pay for the upkeep of your child/children, variable up to as much as 20% of your salary in certain areas. Consult your attorney for more details on your potential obligations.

However, remember that both spouses will usually have a right to maintain contact with their children following divorce, which can be forced through the courts if necessary. If you do choose the legal route for your access, however, make sure intimation of proceedings to the child is dispensed with as part of the legal craving to avoid any ill feeling or damage to your paternal or maternal bond.

Sending and receiving divorce papers isn’t pleasant, but it’s got to be done. Usually with the help of an attorney you’ll file the case for divorce which is rarely heard before a judge and is rarely disputed apart from the financial element. In fact, the serving of documents is much more of a formality than some people make out, although it is still important to make sure you understand what you’re doing and the gravity of your decision.

Sending divorce papers to your former spouse isn’t usually something that can be done alone. Your attorney will be knowledgeable about the procedures for divorce processes in your local area and will be best placed to advise you on how to proceed. Make sure that before you send the papers you are happy with your decision to go through with divorce and that you are satisfied that your marriage has broken down – this is usually seen as the point of no return.

You don’t need an attorney to receive divorce papers, although if you’ve not already spoken to a solicitor by the time the papers are served upon you it might be best to make an appointment. More often than not you’ll be asked to sign for the papers upon arrival, as a means of ensuring there is evidence of your receipt. Take your time to read through the details, including the grounds for divorce. Most of the time, this won’t be contested and will be something of a general ‘break down’ clause, which alleges no blame. However it’s important to make sure you understand the content of the papers to be sure you’re not getting the raw end of the deal.

Keep in mind the feelings of your partner and try not to get spiteful when exchanging the papers. Whilst it’s a difficult time for you both, the legal side needs to be taken care of so you can both move on and cooperation with the process really helps speed things along to resolution, which is undoubtedly best for both you and your former partner.

Before you call on the divorce attorney, the best thing to do is to try and communicate with your former spouse on a civil level in order to divide your existing assets and reach an amicable conclusion – this will avoid the hassle and expense of going through court, not to mention the bitter taste the judicial process can leave.

Even if you do manage to work something out there is still the little factor of the court separation, meaning you will both require some form of legal representations even if it is to rubber stamp the arrangements you’ve already made. When it comes down to choosing your lawyer, if you don’t already have one, here’s a few things you should consider to make the most of your situation:

• Qualifications – Is your attorney fully qualified to practice in your jurisdiction?
• Experience – Is your attorney experienced in dealing with divorce cases? Not all lawyers are divorce attorneys, so make sure whoever you choose has a specialism in family law.
• Expectations – There’s never any harm in asking a prospective attorney what he can expect to achieve on your behalf. Remember though, don’t just go with what you want to hear. Ask for a run-down of the law and what you can expect as a likely outcome.
• Price – Never seek the advice of an attorney blind. Ask upfront how much you’re going to have to pay for his or her services, and ask for a fixed project price rather than an hourly rate where possible.

Remember – a divorce attorney is there to serve your needs. And whilst it might be more important to vet your choice if you require legal negotiations prior to the case, it’s still a good idea to make sure your dealing with someone who ticks all the boxes.