Divorce is an experience one has to go through in life, and learning about the law will see you through. Divorce law differs from state to state in the US but in principle is carried out the same way. This book guides you through the most important steps, legislations, and advice to see you through.
1. Filing for Divorce
The procedure begins with the filing of a divorce petition in your county court. Either of the spouses (the petitioner) initiates the process by submitting the required forms, such as wedding details, reasons for divorce, and child custody, spousal support, or property division petition. Irreconcilable differences (no-fault divorce) or reasons mutually acceptable such as adultery or abuse (fault-based divorce) are the common reasons for divorce.
2. Serving the Spouse
After filing the petition, the respondent spouse should be served legally. It is usually done by process server or mail service. The respondent is then provided with some time to respond, usually 20-30 days, depending on the state.
3. Temporary Orders
Interim orders are issued during the course of divorce for such immediate issues like care of children, maintenance of the spouse, or access to assets that have unexpectedly cropped up. The interim orders will be in force until the final order of divorce.
4. Negotiation and Settlement
The majority of divorces are resolved out of court through negotiation or mediation. The process is an allocation of assets, resolution of the children’s custody schedule, and spousal or child support. Collaborative divorce or mediation is time, money, and emotion-saving.
5. Trial (If Necessary)
If the couples disagree, the case is decided by trial. A judge makes decisions about what to do if there is disagreement over children or property. Trials are time- and money-consuming and are typically done last.
6. Finalizing the Divorce
The court grants a final divorce decree when all problems have been worked out. It is the judicial end of the marriage and enacts the stipulations of the agreement.
Key Tips:
- Speak to a Lawyer: A divorce lawyer will speak for your rights and obtain a fair outcome.
- Obtain Financial Records: List assets, debts, and income.
- Don’t Forget the Kids: Provide a secure space in the house to your children.
Divorce is not simple, but if you are properly educated and advised, you can navigate it with confidence. If you are considering divorce, speak with a competent attorney to learn about your state-specific rights and responsibilities.
