Skip to Content
chevron-left chevron-right chevron-up chevron-right chevron-left arrow-back star phone quote checkbox-checked search wrench info shield play connection mobile coin-dollar spoon-knife ticket pushpin location gift fire feed bubbles home heart calendar price-tag credit-card clock envelop facebook instagram twitter youtube pinterest yelp google reddit linkedin envelope bbb pinterest homeadvisor angies
Sep 10, 2024|Divorce

How Do I File for Divorce and Custody?

Family law notebook with a defocused lawyer and gavel in the background by the Law Offices of Robert E. O’Connor

Filing for divorce and seeking child custody can be overwhelming. If you’re in the early stages of divorce, follow the steps and advice here to help you navigate this challenging time.

How to File for Divorce

Before getting into the details, it’s important to understand that divorce and custody proceedings vary by state. This guide provides a general overview, but consulting an attorney in your jurisdiction is the best way to receive specific legal advice.

  1. Determine grounds for divorce: You can file for divorce based on fault (such as adultery or cruelty) or no-fault grounds (such as irreconcilable differences). In many states, you must be separated for a certain period before filing for a no-fault divorce.
  2. Prepare and file the petition: The process begins with filing a petition for divorce with the court. This document outlines your reasons for divorce and your desired outcomes, such as property division, spousal support, and child custody.
  3. Serve the papers: Once the petition is filed, you must serve your spouse with divorce papers. This legal requirement ensures your spouse is aware of the proceedings and has an opportunity to respond.
  4. Wait for a response: After being served, your spouse has a set period (typically 21 days) to respond. They may agree to the terms, contest them, or file a counter-petition.

How to File for Child Custody

One of the most difficult parts of divorce is explaining it to your children and deciding the best living arrangement for them. Here’s how filing for custody works:

  • Evaluate your situation: Assess whether you want sole custody or are open to joint custody. Consider the best interests of your children, including stability, schooling, and each parent’s ability to provide care.
  • Include custody in your divorce petition: When filing for divorce, include your custody request in the petition. You may need to detail your parenting plan, including visitation schedules and decision-making responsibilities.
  • Attend custody hearings: The court will schedule hearings to discuss custody arrangements. Both parents present their cases, including evidence and witness testimonies. The judge then makes a decision based on the child’s best interests.

Tips for a Smooth Divorce

First and foremost, hiring an experienced family law attorney is highly recommended. This professional can guide you through this legal process and advocate for your best interests. As your case progresses, be sure to keep detailed records of all documents, communications, and evidence. It’s easy to get lost in the weeds, but don’t forget to prioritize your children’s well-being and maintain a home environment that’s as stable as possible.

File for Divorce and Child Custody in New Jersey or Pennsylvania

Filing for divorce and custody requires careful consideration and planning. The Law Offices of Robert E. O’Connor, P.C. are here to help. With over 25 years of experience, Mr. O’Connor can help you confidently and professionally navigate your divorce and child custody case. Contact us at (610) 566-1110 today to schedule a free consultation at our law office in Media, PA.

What to Read Next
Back to the top