Family Law: Everything You Need To Know About Divorce Processes
Posted on: 5 November 2021Share
Family law courts receive a lot of divorce petitions throughout the year. Each divorce case is unique in its ways. For example, if the marriage is short-lived, with no children or shared property, the process is not as complex as a long-term marriage involving kids and large estates. Also, the process becomes less complicated when the divorcing couple decides to work together. But generally, you will need to go through the following basic steps during your divorce.
Filling of the Divorce Petition
All divorces begin by filing a petition in court. This is a fundamental requirement by the court, whether both parties agree to the divorce or not. However, you can only make the application if you or your spouse is a permanent resident in the state where you're filing your divorce.
Moreover, you need a document showing your reason for the divorce and any other necessary statutory document. All states allow no-fault divorces, whereby you can leave your spouse without giving a specific reason.
Period for Filing Temporary Orders
After your divorce lawyer files the petition, you may need to file some temporary orders. For example, you might need to file for child support if you're a stay-at-home parent. Additionally, you might want to get a child custody arrangement to determine where the children will stay as the divorce continues.
The court can allow you to file for a temporary order to determine the direction of such situations. Unlike the divorce itself, temporary orders get a quick resolution. Usually, these orders remain intact until the divorce is over unless the judge gives a new ruling.
Time to Serve Your Spouse and Then Wait for Feedback
Once you file for divorce, you must present a copy of the divorce papers to your spouse and show the court that you have indeed done so. The case cannot proceed if you fail to do this. However, your soon-to-be ex-spouse can evade the issuance of the papers.
Because of that, it is advisable to send a licensed person instead of doing it yourself. Then, the respondent must give feedback regarding the same within the stated timeframe, without which there will be default judgment that might be difficult to reverse.
Taking the right steps during a divorce is crucial, as it makes the process efficient and quick. But you can easily skip crucial steps if you take on the matter by yourself. That's why it is best to work with an experienced divorce lawyer. They will guide you in making wise decisions that increase your chances of getting a favorable settlement.
For more information on family law, contact a professional near you.