Between 40& to 50% of marriages end up in divorce. For most individuals, the procedure of divorce remains a mystery until you have to go through it.
Are you contemplating divorce from your spouse and would like to prepare yourself for the changes to be? Well, let us help. Find out how divorce proceedings look like in real life.
Step 1 File for Divorce
The first step is filing an application for legal relief in which you request the court to terminate the marriage. This petition comprises three important details:
The first step is to provide a declaration telling the judge that both you and your spouse satisfy the residency requirements of the state for divorce. In the second, the reasons for divorce (i.e. the legal basis for the divorce). The third is any other information that is that is required by the state.
It's important to note the fact that both you and your spouse do not have to be in agreement on divorce in order for the divorce process to begin. The divorce petition is an option at any time.
Step 2: Request Temporary Court Orders
There are some instances when waiting for a judge's ruling to complete divorce isn't just and sensible or practical. For instance, when you're a stay-at home parent who relies on the financial support of your spouse. In these situations you could apply for temporary rulingsaround matters such as child custody and spouse support following the filing of divorce.
You'll then be required to go to a hearing, where the court gathers the information of the couple before making an official decision. If the decree is approved to the court by the judge will remain in effect up until divorce concluded or the court decides otherwise.
Step 3: Serve Your Spouse
Next, you must) provide your spouse with an original copy of the petition and) submit what's known as "proof of service" with the court. The document basically states that you have provided the divorce petition to your partner, thus fulfilling this statutory obligation. Note: The divorce process cannot be continued until this is completed.
The person who is receiving the divorce petition has to respond within a specific timeframe. They can challenge any of the elements that are in the document (such as the basis or the custody of children). If they fail to respond within the timeframe specified and the outcome could be the result of a "default" ruling which can be difficult (and costly) to change.
Step 4: Talk to the other side (Or go to trial)
Partners who do not agree on issues of custody, property division and the like will then have to negotiate a solution. If negotiations fail, you'll have to go to trial. It is usually conducted before a judge, who after taking in the evidence and hearing witnesses, comes to an ultimate decision, and signs the divorce decree.
A top tip: Make sure to be represented by Right Lawyers, or other trustworthy firms of this type, if you're forced to choose this option. With so much at stake, seeking out professional legal advice from a top divorce lawyer is vital.
Now You Know the Divorce Process looks like
Despite the fact that it's a common practice in the present, few people know what processes you have to go through during your divorce. If you're in this category, then that the information in this article will provided some insight into the situation.
