What are the Basic Legal Processes Involved in a Divorce

The legal process of the dissolution of a marriage in America is governed by an extensive section of law. Not all divorces are the same, and there are many issues that pop up during a divorce such as child custody, property division, and alimony, which is why all divorce processes are dissimilar. Furthermore, different states have different divorce laws.

Preventing the Meltdown

What your uncle or friend went through in another state may not apply to you. This is not the time to make assumptions. Hiring a lawyer does not mean World War III (WWIII) is about to start it most likely means WWIII may never begin. Hiring a legal representative will not extinguish the flames of your marriage, most likely those flames already went out.

According to divorce lawyers, some states only allow and recognize fault divorces whereas some states recognize both fault and no fault divorces. Adding to the already complex divorce laws is the new addition of same sex divorce laws which presents its own set of unique challenges in terms of child custody, and the deviation from the customary mother/father perceptions.

For the most part, a divorce between two parties that have only been married for a short period of time and have no children together is predominantly more simple and can be concluded in much lesser time when compared to a couple that have been together for decades and have minor children, joint property etc. such complex divorces involving multiple issues such as child custody, and child support, not only take a long time but also rake up considerable expenses in terms of legal fees.

Filing a Petition

When a spouse or both spouses decide that a divorce is what they want, they first need to get the process in motion by filing a divorce petition. A divorce lawyer can help in filing the petition and making sure that the paperwork is completed according to law. The petition is a form, which includes details such as the grounds for divorce.

Temporary Orders

In cases where one spouse is dependent on the other for financial support or wants child custody, the spouse will have to file for a temporary order with the court so that they can continue to receive support or keep custody of their children. This again is something a divorce attorney can help with. A temporary order is something that is put into effect in within a couple of days and is valid until a full unrestricted court hearing takes place.

Service of Process

Service of process is a document which is proof to show that the spouse that filed for the divorce also sent a copy of the petition to the other spouse and ensured that the other spouse received it. It is legal responsibility of the filing spouse to ensure that the other spouse is notified of the divorce initiation.

Response

If the divorce was filed on fault grounds and the other spouse wants to dispute these grounds, then the disputing spouse and his or her divorce lawyer will need to file what is known as a response. In the response, obviously they need to address the claims made and attempt to have them factually dismissed.

Whether you wish to terminate your marriage amicably or need to do so based on specific grounds, make sure to consult a golden and sagacious divorce lawyer. A cogent legal representative well versed with family law in your state can prove to be invaluable no matter what your circumstances are.

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