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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