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Legal Issues Surrounding Divorce
There are seven steps in having a divorce. While the process varies from couple to couple, depending on the situation of both parties, there are some essential procedures in filing for a divorce. One thing is certain, however: divorcing couples who are mature enough to agree on certain issues makes for a smoother divorce. First, one party must file a petition for divorce. Even if both parties agree on a divorce, one must file the petition, which states the ground for divorce. There is such a thing as “no fault” grounds, which simply states that the relationship is no longer viable (such as “irreconcilable differences”). While many states allow this, some states still consider ground faults, such as adultery. A temporary order is the next step. This is for claiming temporary financial support, child support, of custody. This is granted a few days after filing, and remains in effect until a formal court hearing. One should file for this ASAP. A service of process is then required. This is to prove that the petition has reached the other party as well. A response is then needed from the other party. He or she must file a response to the petition, and is allowed to either dispute the grounds or defend himself or herself from them. Disagreements on custody or property division should also be filed with the response. A negotiation for the division of property and custody comes next. The court usually lets the couple and their respective lawyers handle this, but if they cannot agree on anything, the court has to decide for them. Children are usually the responsibility of social workers, whom the court calls in to check on the living conditions of each spouse if it is fit for the children. A trial then ensues, to smooth out issues the couple couldn’t resolve by themselves. Finally, an order of resolution is given, which ends the marriage and contains the division of property and debts. If the couple has negotiated these issues themselves, they can write their own order of resolution and submit it to court. If it meets the requirements, the judge approves it. About the AuthorFor additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com
Related Articles: LAS VEGAS-Young people who grew up with high divorce rates are leaving their mark on marriage vows-if indeed they ever take them-replacing " 'til death do us part" with nontraditional, less binding vows. Ceremonies now include phrases such as "for as long as our love shall last" and "until our time together is over." Sharon Naylor, author of Your Special Wedding Vows, says, "People understand that anything can happen in life, and you don't make a promise you can't keep." Pas ... It is usually easier to marry than to divorce, especially if the spouses who wish to do so must divide their common property as well. Divorce is extremely difficult business in rich families. For wealthy Americans in this case, it is accepted that the former husband or wife may pay rather large sums of money for the divorce process. It is not enough that the divorce in itself involves strong emotional stress, so they also pay an extra thousand on top of the $10-20,000 to lawyers to carry ... Author: James Wood CLICK HERE TO READ THE REST OF THIS ARTICLE If you are in need of Seperation Advice for Moms then you need to read every word of this important article. As a woman facing the possibility of divorce, you've got the responsibility to ensure that you and your children are prepared in the event that a divorce occurs... |
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