The Basic Process For Obtaining A Divorce
Divorce, although common, is a complicated process. However, the level of complexity depends on various factors, including the duration of marriage, presence or absence of children, involvement or non-involvement of property, etc.
Divorce or dissolution of marriage, as it is addressed, is presided over by the laws of individual states, and the laws vary from state to state. But a typical divorce proceeding entails child custody, spousal support, property division, child support, and division of debt.
If you are undergoing this difficult process, let us help you by breaking down the basic process for obtaining a divorce.
Filing the divorce petition
The first step in a complicated divorce process is filing a petition requesting the court dissolve the marriage.
Prerequisites for filing for a divorce are-
A statement confirming that at least one party meets the residency requirements of the state for divorce
The legal ground for seeking divorce
Any other statutory information required by the state
Your divorce lawyer will help you file the petition.
2. Requesting temporary orders
In certain cases, the process of divorce may take longer than usual, and it becomes difficult for the involved parties to balance these legalities with the realities of their lives. Hence, when filing for divorce, you can request the court for interim orders for child support, spousal support, and child custody.
The court conducts the hearing and seeks information from both sides before ruling the application. A temporary order is granted quickly, which remains valid until the final judgment comes.
3. Serving the spouse and waiting for a response
Service- The filing partner’s responsibility
Once the divorce is filed, you will have to offer the paperwork to your partner and file proof of service with the court. If you fail to do so, the judge won’t proceed with the case.
If your partner agrees with your divorce and signs an acknowledgment of service, the process gets easier. But in the absence of mutual consent, the process can get long and complicated.
Response: The receiving partner’s responsibility
The spouse who receives paperwork needs to reply to the petition within the allotted time. If you are a defendant and fail to respond, you will face “default” judgment.
You can challenge the grounds for divorce or the allegations in the petition. You can also express disagreement on property, custody, support, or related issues.
4. Negotiation of the settlement
In complicated divorces where parties have clashing opinions on topics like support, property division, or child custody, the couple is required to negotiate and form a mutual decision.
If this is the case with you, a settlement conference will be scheduled for you. The involved parties and their lawyers in Annapolis MD discuss the case. The court may appoint a third party to help settle the issues and facilitate agreement.
5. Divorce trial
If the parties fail to reach a mutual agreement, divorce trials begin, whereby the power goes into the judge’s hands.
6. Final judgment
Finally, after a series of steps, the judge signs the order of dissolution or the judgment of divorce. It ends the marriage and specifies the details regarding custodial responsibilities, parenting time, spousal support, child support, and asset and debt division.
If you manage to negotiate a settlement, the lawyer of the filing partner drafts the judgment. In case of trial, the judge passes the order.
Now that you know about the basic process for obtaining a divorce, look for an affordable divorce lawyer and file the petition.