The Divorce Process
Divorce is the process of ending a marriage. Divorce involves the reorganization or cancellation of legal responsibilities and duties of marriage, thereby breaking the bonds of marriage between a married couple under the country’s or state’s particular rule of law. There are various matters included in divorce proceedings such as spousal support, child custody, distribution of property, and division of loan. Divorce laws change from one state to another state. While divorcing partners once were required to show a reason for the divorce by assigning blame to one of the parties, such as abandonment, insanity, or imprisonment, etc. But now every state allows for “no-fault” divorces, usually based on incompatibility.
Although divorce is common in the United States, the divorce process changes depending on the circumstances of the couple. The divorce process of short-term marriages without children or property is usually less complex than long-term marriages with children and substantial property. Additionally, divorcing couples who work together to negotiate the terms of the divorce like child custody, property division, debt distribution, etc. will have a less expensive and less stressful divorce than couples who refuse to work together.
Without a doubt, dealing with lawyers, courts, and the vast legal system of the United States can be a difficult task. So, to prepare yourself for what is to come and improve your confidence, you should enhance your knowledge of the basics of divorce law, as well as the legal procedures needed to get a divorce. Keep reading to increase your basic understanding of the divorce laws and procedures.
1. Petition to file for divorce
The first step in the divorce process is to file a complaint or petition with the court. Before any couple can start the divorce process, one partner must file a legal petition asking the court to end the marriage. The spouse who files the petition must include the following information, such as a statement which states that at least one partner meets the state’s residency requirements for divorce, grounds for the divorce, and any other statutory details that your state requires. Also include the information regarding the marriage, like names of the husband, wife, and any children, as well as states if there is any separate or community property, and child or spousal support.
The conditions for residency vary depending on where you live. Before filing the petition, most states require at least one spouse to live in the state for 3 to 12 months, and in the county where the spouse files at least 10 days to 6 months. Before the court will accept the case, divorcing partners must meet the state’s residency criteria. Divorce grounds differ from state to state. Now all states allow divorcing spouses the option to file a no-fault divorce. No-fault divorce is a simpler process that allows couples to apply for a divorce without giving a specific reason or placing blame on one another. Some states allow parties to claim “fault” for the divorce if your spouse committed a marital misbehave or caused the breakup. If you are not sure whether you should file a no-fault or fault divorce, take legal advice from an experienced family law attorney in your state.
2. Asking for Temporary Orders
Courts understand that the waiting time for divorce may not be possible for certain couples. For example, if you are a housewife and raising your children and dependent on your husband for financial support, waiting for 6-months for the judge to finalize your divorce probably seems difficult. When you apply for divorce, you have the option to ask the court for temporary court orders for child custody, spousal support, etc.
If you ask for a temporary order, the court will hold a hearing and collect information from both parties before deciding how to rule on the application. The temporary order will usually be granted quickly by the judge, and it will remain valid until the next court order or until the divorce is finalized. The other examples of temporary orders are, a request for status quo payments or temporary property restraining orders. During the divorce proceedings, status quo orders usually compel the breadwinner to continue paying marital debts. Property restraining orders prevent either spouse from selling or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, which means that both spouses must follow it or risk being fined by the court.
3. Serving the Divorce Petition to Your Spouse
After you file the divorce petition and request for temporary orders, you need to send a copy of the documents to your spouse and file proof of service with the court. Proof of service is a document that shows the court that you followed all of the statutory requirements for serving a copy of the petition to your spouse. If you don’t properly serve the petition to your spouse, or if you fail to file a proof of service with the court, then the judge will be unable to proceed with your case.
The divorce process can be easy, especially if your partner agrees with the divorce and is ready to sign a service acknowledgment. However, some spouses make the process complicated, maybe evasive, or try anything to frustrate the process. So, the simplest way to ensure proper service is to hire a professional who is experienced in providing legal documents to difficult parties. The cost is normally low and can help you avoid a delay in your case.
4. Divorce Petition Response
The other spouse who receives the petition is known as the “respondent.” However, it’s not necessary for the respondent, to give a response to the petition stating that he or she agrees. Filing a response demonstrates that both parties agree to the divorce. But if the spouse doesn’t respond to a petition could result in a default judgment against the non-responding partner, which can be complicated and expensive to reverse. The responding party can also use the response, to express disagreement with the information presented in the petition.
5. Negotiate a Settlement
The number of divorce cases will settle before they going to trial. In cases where the spouses have opposing opinions on important topics, like child custody, child support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will arrange a settlement conference, where both parties and their lawyers will meet to discuss the status of the case. Your lawyer will help you decide whether or not to accept a particular settlement offer. Settlements should include all of the disputed issues. Participation in mediation is required in some states, while others do not. However, mediation can save a lot of time and money during the divorce process, so it’s a good option for many divorcing couples. Once both parties have been agreed upon a settlement, the agreement can be written down and added to the divorce decree.
6. Divorce Trial
If you and your spouse are unable to reach an agreement about the matters related to the divorce, then you will have to go to trial. Sometimes settlement fails even after each spouse’s best efforts. If some issues remain unsolved after negotiation and other talks, then the parties will need to seek help from the court. At trial, both your lawyer and your spouse’s lawyer will be able to provide evidence to show that your demands should be met. A divorce trial is expensive and time-consuming, and it often transfers all the power from the spouses to the judge. The negotiations and mediation process give the couple more flexibility and predictability than a divorce trial, so it’s better to avoid a trial if possible.
7. Finalizing the Judgment
The last stage in the divorce process is the pronouncement of the final order of the divorce. The court passes the final order after the completion of all the previous stages which completely dissolves a marriage. In case either the party is dissatisfied with the final order, then they have the option of moving to the higher courts.
Whether you and your partner negotiated during the divorce process or a judge made a significant decision for you, the final step of the divorce process occurs when the judge signs the divorce judgment. The judgment of divorce ends the marriage and specifies how the couple will divide custodial responsibility and parenting time, as well as child and spousal support, and how their property and debts will be divided. If the parties negotiated a settlement, the filing spouse’s lawyer usually drafts the judgment. However, if the couple has gone through a divorce trial, the judge will make the final decision. If you are going through a divorce, then we as a legal digital marketing agency, always suggest hiring a professional divorce lawyer to figure out your options.
Conclusion
The law offers a variety of options for getting out of an unhappy marriage by seeking divorce procedure in court. It is equally important for the legislators to deal with the process cautiously as the theory has negative and positive aspects. Divorce can be complicated especially if you have children or a lot of property or debt. So, it is often a good idea to talk with a lawyer before you start the divorce process.
