If you are going through a divorce or considering divorcing from your spouse, it is important that you understand what the process is with regards to this legal procedure is. In order to get the most accurate information we spoke to some of the team at Marrison Family Law, who specialize in divorce. As they say, to be forewarned is to be forearmed and in understanding the process around divorce, you can better prepare yourself for what is about to happen. This will be a difficult time for all involved so information can very much help you through the coming case.
Petition
The first indication of any divorce will be to file a petition for divorce, this is the case whether or not both couples have agreed to divorce and one party will request the divorce and file a petition with the court. This petition will state the grounds for divorce and in some cases this can simply be ‘irreconcilable differences’ some states may require more specific information.
Temporary Order
If one of the spouses relies heavily upon the other for financial support, or one has custody of the children, a temporary order will be put in place to ensure that this financial support and custody continues. The temporary order basically ensures that this situation will continue for the duration of the divorce proceedings, until a decision is reached by the courts.
Service of Process
Whichever party files for the divorce, they will also have to file a proof of service. This document contains proof that the petition was given to the other party. More often than not this will be done very easily as both will agree to the divorce but there are of course some cases where one spouse doesn’t agree, and they will need to be served the petition in the same way that a subpoena would be served.
Negotiation
If you and your spouse are not in agreement as to what will happen with their assets, financial holdings and with their children, the divorce will enter a negotiation phase. In extreme cases the court will take all of these decisions based on the current state of affairs, which is why it is always better if both parties can agree.
Trial
If you reach an impasse with your partner and the courts end up deciding what will happen with the children and any financial holdings or assets, the case will go to a trial. This will make the divorce take longer and the trial process will present a lot of personal information which you may not wish to be shared.
Order of Dissolution
The order of dissolution is the final act of the divorce and it is a document which confirms that the marriage is over, and details how the affairs will be split up between the two parties.
If you are in any doubt about any of these aspects of the divorce, make sure that you speak with an attorney.
