Getting Divorced or Becoming Widowed
Divorce is a legal process where one spouse files a petition to dissolve a marriage. The court, after the plea, will pass a decree for divorce and, after mediation, end the matrimonial alliance and rights attached with the same. Divorce includes the division of property, assets, child custody issues, and spouses' separation.
Although the process is similar for everyone, the time taken to complete the decree might vary from marriage to marriage. For example, long-term marriages with major property entanglements, marital debt, and minor children often result in a more complex and time-consuming divorce than short-term marriages without children or property.
Divorcing couples who work together to negotiate the conditions of their divorce (child custody, child support, property division, debt allocation, and spousal support) will have a less expensive and stressful divorce than couples who can't or won't work together. However, regardless of the type of marriage, you must understand the steps involved in a divorce.
Steps involved in a divorce
Here are the steps you observe while divorcing.
Filing a divorce petition
It is the first step, where one spouse files the divorce petition in the court asking to terminate the marriage. But, they need to mention or present a legal reason, information, and residency requirement. The spouse filing the divorce petition must live for at least three to 12 months in the state where they file the petition. Reasons or grounds for filing a petition may vary from state to state. Most states offer the option to file a no-fault divorce. A no-fault divorce petition needs no specific reason or ground for filing a petition. On the other hand, a fault divorce demands' fault', and the spouse can cite it.
Asking for temporary orders
When you file a divorce petition, the court asks you for temporary orders for child custody and the couple's mutual support. Anyone spouse can take care of the children with the financial support of the other spouse.
Spouse paperwork and response
This step has two parts:
First: the spouse who files the petition provides a copy of court paperwork to the other spouse. The paperwork includes a divorce petition and temporary orders. Next, the divorcing spouse takes the proof of service and presents one copy to the court to proceed further. If your spouse signs on the evidence, it becomes easy; however, it becomes a complex process if your spouse decides to stay married or prepare for a dispute.
Second: when the second spouse gets the paperwork, they must reply to or answer the divorce petition within the given time. If the second spouse doesn't sign or respond, it results in a default judgment. So, again, this becomes a complicated and expensive process.
Meet to discuss the settlement
The divorcing couple meets and negotiates on essential topics such as child custody, support, and property. Then, the couple makes negotiations and makes a settlement. Sometimes, the court mediates to complete the settlement.
Divorce Trial
Sometimes, some issues remain unsolved after settlement and mediation, or a spouse may feel so. The spouse asks the court to help and leave the settlement in the judges' hands to solve it. The court makes a settlement again, which is time-consuming and expensive.
Making final judgment
Through the final judgment, the judges make all settlements and custodial allocations. They mention everything in the final divorce and take spouses' signs.
If you have decided to get divorced, take the help of a divorce attorney in your area.
