Wednesday, September 26, 2012

Common Legal Issues With Divorce


Thinking of filing a divorce? There are 7 steps that you need to follow. As the process varies from one couple to another, depending on the condition of both parties, there are some important processes you need to follow in filing for a divorce. One thing is for sure, couples who want a divorce can make it easier if you both agree on certain issues.
The first step is to file a petition for divorce. It is not necessary that both parties agree on a divorce, one party should file the petition that mentions the reasons for divorce. A no fault grounds might be possible. This states that the relationship is no longer feasible through irreconcilable differences. There are lots of states that permit this, some areas still consider grounds for divorce including adultery.

Basics Steps to File For Divorce Yourself - Click Here

The next step is a temporary order. This is to reques temporary child support, financial support and custody. This is awarded a few days after a petition is filed, and its effectivity will last until a formal court hearing. One party should file this ASAP .
The service of process will follow any type of motion, order, request for petition, etc. This is to ascertain that the petition has been forwarded to the other party. The other party should respond.  He or she should file a response to the petition, and is permitted to either argue the grounds or protect herself or himself from them. Dispute about a property or custody division must likewise be filed with the response.
The next step is a negotiation for the custody and division of property. The court normally allows the couple and their lawyers to handle this, but in case they cannot agree on anything, the court needs to decide on their behalf.The social workers usually manage the children. The court will call them and ask them to check on the conditions of every spouse to determine which party the children should go. A trial will be set-up, to clear things the couple could not resolve on their own.
Lastly, an order of resolution is provided, which ends the marriage and includes the division of debts and property. If the couple has discussed these concerns on their own, they can make their own order of resolution and forward it to the court. If it completes the requirements, the judge will approve it.
If in case the divorce is contested, the parties cannot agree on the issues involved in their specific situation. Popular areas of disagreement include child custody, separation of the assets of the marriage, expense of family debts, alimony (child support), figuring out the children’s education costs, income tax structuring, disbursement of health insurance for the dependent spouse and others.
Once the case is filed, an ID number is assigned and is believed by the judge to be a matter which will definitely require trial time to be able to solve the concerns. Divorce cases are usually called for trial in which the petition was filed.

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