Divorce Procedure Basics

The Basic Steps in a Divorce Procedure

 

divorce procedure 300x199 Divorce Procedure BasicsIf you are unhappy in your marriage, it is important to understand the divorce procedure if dissolution is your final solution. Divorce proceedings are a legal process and your case must be heard by a judge in family court. While some divorce procedure cases are resolved through mediation and agreement, others may have to go through trial and appeals. Before you petition for divorce, understand the ins and outs of the divorce procedure and retain a reliable divorce attorney that will hold your hand through difficult times.

Separation is the First Step in a Divorce Procedure

In most states, the first step in the divorce procedure is separation. A legal separation is defined as separating a shared residence and living apart for a specified amount of time before either party can file for divorce. Most states will accept spouses sleeping in different locations as fulfilling the separation requirement for the divorce procedure. During the separation period, spouses can begin he divorce procedure by starting to divide property and can petition for temporary spousal and child support. During the separation period of the divorce procedure, any debts or assets that are accumulated are the individual’s and not the couple’s.

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After separation requirements of the state are met, the next step in the divorce procedure is filing a divorce petition. The party filing for divorce can only file a petition for divorce in the state in which they live. If one spouse moves out of state, this spouse will have to file a petition in the state where the couple shared a residence. Filing for a divorce is called filing a Complaint for Dissolution of Marriage. The filer will have to complete all the forms as required and pay fees to the district court at this stage in the divorce procedure.

After the petition has been filed, the other spouse will be notified of the petition. Once the other party is served they can serve a voluntary appearance or they can formally respond to the complaint if they do not agree with items covered in the complaint. After the spouse has responded or agreed to appear in court a temporary hearing date will be set, as the next stage in the divorce procedure. This motion establishes all of the issues that will be discussed during trial. Any type of temporary monetary support will be ordered at the temporary hearing.

The easiest divorces are settled during the Agreement phase of the divorce procedure. Attorneys attempt to negotiate on each party’s behalf for an easy and quick outcome. If everything can be settled through the agreement process it is easier on all parties involved, including children. If an agreement is not made the divorce procedure can take anywhere from 12 months to 18 months to go to trial.

The Trial Phase of a Divorce Procedure

If a divorce procedure reaches the trial phase, it can truly become a nasty battle. It is important to walk into a divorce prepared and backed by quality legal representation. If both parties are willing to come to an agreement the divorce procedure is much less expensive and much less stressful.

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