How Can I Get Divorce With Kids?

By okaybliss — ON Feb 13, 2024

There are a few additional steps in the divorce process that you may not be aware of if you have children. We chose to simplify things for you by creating a guide on divorce with children, but keep in mind that each state may have slightly different procedures.

So read this guide to apply for divorce with kids, and if you want to get legal advice then speak to an experienced divorce lawyer.

The Process of Getting Divorce With Kids

Step1. File for divorce

Child custody is part of the divorce process; therefore, you should first start filing the divorce. You can go to the local divorce court of the state where you and your partner live to file the divorce case.

Furthermore, take some necessary documents about your child, like your child’s birth certificate. Also, you will get forms for child custody, like parenting plans. However, this process will vary from state to state, so you can expect different forms supported by your state for child custody.

Step2. Attend temporary hearings

If you and your children were under any abusive behavior from your spouse, then you can make allegations against your spouse. You can ask for your child’s custody, and you can even ask for domestic violence penalties. These issues are addressed before approving the divorce, and you will need to attend the temporary or emergency orders.

Step3. Work on the divorce settlement agreement

When you have kids while divorcing, you can come to a settlement with your spouse regarding child support and custody.

You can do this with the help of a divorce settlement agreement in some states, while in other states, you will be asked to attend mediation, where a mediator will help you conclude child custody. However, mediation can be a tough process where you and your spouse may not come to a mutual agreement, so you may have to go to the judge for justice and attend hearings.

Step5. Dissolution of marriage

Lastly, the judge will approve your legal separation, and you will get a decision on the child custody and support. But to reach the dissolution, your spouse must respond to the divorce notice.

Can I Get an Uncontested Divorce With Kids?

Yes, you can get an uncontested divorce with your kids, and it is the best thing to do since it will help you save your energy and money by not going to trial repeatedly.

You and your spouse can come to a mutual understanding by agreeing to the following terms in the same pattern.

Sharing of legal custody.
The share in physical custody of kids (the time they get with kids)
Division of maternal property.
If alimony will be paid.
Where will the children reside
Time and method of paying child support.

Divorcing with kids brings added complexities, but prioritizing their well-being is paramount. Start by fostering open communication with your children, addressing their emotions and concerns with patience and empathy. Seek legal counsel to understand your rights and obligations regarding custody, support, and visitation arrangements. Collaborate with your spouse to develop a co-parenting plan that promotes stability and consistency for your children. Remember, maintaining a healthy co-parenting relationship is crucial for their adjustment. Lean on support networks, such as family, friends, or counseling services, to navigate this challenging transition together and ensure your children’s emotional needs are met throughout the process.