Divorce law can be a convoluted process for everyone involved, especially if the couple seeking a divorce was married for an extensive period of time. Each state and country has their own system and laws in place for divorce proceedings, and the individuals involved have to be aware of every law before reaching an agreement. Finding a lawyer is just the first step in a lengthy and sometimes harrowing experience.
Divorce law involves the process of dissolving a marriage between two people who are are unable live together anymore. Laws will differ depending on the state or country you live in, so it is important to understand your legal limitations before taking any action. After contacting your lawyer, the next step in divorce proceedings is a legal separation.
Because some states don't recognize this, you may not have the choice available to you. If separation is allowed, one of the spouses is expected to leave the home. Then the courts will issue a separation agreement which will protect all parties involved, including children, ensuring that everyone fulfills their legal responsibilities.
After a separation, divorce law proceeds to the filing of a petition to the county clerk. This is usually called the "Original Petition for Divorce." The party filing for a divorce, called the "petitioner," must state in the letter their reasons for filing. This letter will also include the names of both parties involved in the proceedings as well as any children involved.
The petition is then given to the "respondent," or the other party involved. They have thirty days to seek their own attorney and give their consent to the petition. When children are involved in a divorce settlement, the petition must be recognized by both parties before either one is allowed to request legal orders to assist with child support guidelines.
Divorce law allows the collection of information on both spouses involved. This is called "discovery," and normally consists of five steps, depending on the state where the case is handled. The first is a disclosure, where both the petitioner and the respondent list what they feel is rightfully theirs. This includes property, child custody rights, and personal assets.
The disclosures are handed out must be evaluated within thirty days. Interrogatories are a list of questions drafted by attorneys to be asked to both parties. These are handed out and must also be answered within thirty days. Some states have limitations on the amount of questions asked by attorneys. Admissions of facts are another part of the "discovery" process.
Either both or one spouse will direct claims to the other party which must be denied or accepted within the allotted time, usually thirty days. Income and personal properties are collected in the next phase, which is referred to as a request for production. The spouse that is served with a request must comply within thirty days.
Because this process involves personal information, it is usually here that divorce proceedings slow down considerably. Finally, depositions are needed to fulfill the "discovery" mechanism. Depositions are sworn testimonies of the opposing party and they usually involve witnesses and are often used in court during the divorce proceedings.
Once all the information is gathered, a mediation or trial is scheduled. Mediations are when both spouses meet with their attorneys to discuss the divorce and attempt to reach a settlement without going to court. If a settlement can not be arranged during this time, then a trial is set so both parties can argue their case in front of a judge.
Once the judge makes his or her decision, the papers are signed and a divorce is finalized. As with any court proceeding, appeals can be made if one of the parties involved feels the judges ruling was unjust.
When going through the rigors of a divorce settlement, it becomes necessary to fully understand your state's divorce law. This is especially true when child custody and visitation rights are at stake.
Finding a lawyer you can rely on will help guide you through the legal proceedings and hopefully assist with expediting the entire process. Then the chances of you having a lengthy proceeding that matches many of the celebrity divorces you see in the news decreases.
If you're happily married, good for you. However, divorce is increasingly common in this country, and it's something you might have to one day face. Of course, it's something that usually happens bit by bit, over time and not all at once, but it's still a hard situation to face if you're there. If you do happen to be (unfortunately) in the market for divorce, there are a few things you need to know about divorce law, in order to get the best outcome for you. If you don't do this, it's likely that you are only relying on advice from friends and family, and this may not be accurate. In fact, it can leave you worse off than you are now if you follow this advice and it's wrong.
One of the most important things you should know is that divorce law differs from state to state. If you're divorcing in California, for example, it's somewhat different than what would happen to you if you were divorcing in Wisconsin. One of the things that can change greatly from state to state is the division of assets. It's also true that in most cases, you have to file for divorce in the state you live in, so that you cannot go to another state just because that state's divorce law favors you more than your own home state's does.
Now, what can you expect in divorce? It's more and more common to have what's called a "no-fault" divorce, which is also sometimes known as an "uncontested divorce." With this type of situation, both spouses agree that a divorce is best for each of them. There is also usually little to no difference of opinion when it comes to splitting up the assets the couple jointly owns. If the couple has no children, this is usually easiest. In fact, with this method, you may not even need a divorce lawyer. If you do use one, in general, services required will be very minimal in most cases.
In some states, you are required to be "separated" before you can be divorce. This is sometimes known as a "test divorce." With this situation, the couple usually lives apart and does not have any interaction with each other day-to-day. This is so they can see what it's like not to have the other around. It's often true, surprisingly, that when couples try this "test divorce," they discover they really don't want a divorce at all. Suddenly, they're willing to work to their differences much more amicably than they were in the past.
If a divorce is something called "at-fault," one of the spouses has usually done something that is considered a "breach" of the marital agreement, such as infidelity, cruelty, or abandonment. "Cruelty" can be construed as either physical abuse, or can be emotional or verbal abuse as well. Depending on your state of residence, this type of divorce might not require that you have a separation.
If both spouses are guilty of a marital contract breech, something called "comparison rectitude" is suddenly brought into play. This is designed to determine which of the two parties, both guilty, are the guiltiest. This is often difficult to prove, because not just word-of-mouth is required for proof. However, the outcome can significantly impact division of property and assets.
If you are considering divorce, make sure you are familiar with divorce law and what the laws are for your state. You do not want to go from a bad situation to a worse one, and knowing the law and what to expect can go a long way towards preparing you for what lies ahead.
Both Mike Selvon & Jay Anderson are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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