The divorce process for short term marriages, where children or property are usually not involved, is less complex and consumes little time. However, long term marriages, where significant amount of property, marital debt and minor children are involved, are quite complicated are usually takes a lot of time to be processed. Besides, couples who work together to agree on issues such as child custody and property division go through a less stressful process than those who cannot agree on such issues. In case you and wondering what steps you need to take in the divorce process, this article gives you the answer.
Steps in the Divorce Process
Step 1: File the Divorce Petition
Whether both spouses mutually decide to divorce, before any of them can initiate the divorce process, one of them must file a legal petition requesting the court to terminate their marriage. The spouse who files the petition must present legal reasons for the divorce, a statement indicating that one of the spouses meets requirements for divorce as per the state and any other information required by the state. Residency requirements and legal reasons for divorce vary from state to state. In case you have no idea of your state's requirements, you can contact the The Law Office of Maureen C. Repetto. Nevertheless, all states allow divorcing couples to file a no-fault divorce, which means you can file for a divorce without stating any specific reason why you want the divorce.
Step 2: Requesting for Temporary Orders
The court understands that not all couples can withstand the waiting period of divorce. For instance if you have no job but still has to take care of your child, the court allows you to ask for temporary orders for child support, child custody and spousal support. After requesting a temporary order, the court will hold a hearing and ask for information from both sides in order to determine the ruling of the application. You can learn more about this before asking for temporary orders.
Step 3: Serve Your Spouse and Wait for the Reply
After filing for the divorce and requesting temporary orders, you need to send you spouse a copy of the paper work and file proof of service with the court. The case cannot continue if you fail to properly serve your spouse.
Step 4: Negotiate a Settlement
In case there is a disagreement on aspects such as child custody, you should work together to reach an agreement. This may involve attorneys from both sides. The court may also schedule mediation to help with the agreement.
Step 5: Divorce Trial
In case an agreement has not been reached, the parties will ask the court to intervene, which means trial. However, the process is costly and may consume a lot of time.
Step 5: Finalizing the Judgement
Whether the case has been negotiated or taken to trial, the whole divorce process comes to an end with the judge signing the judgement.