7 Step Procedure For Getting Divorce
There are many couples who could be contemplating on getting divorced, since they might feel that they are not compatible with each other or be able to understand one another. Getting divorced amicably can be a wonderful solution, without creating a noise in public and to avoid all types of embarrassment that is generally associated with divorce. Family law solicitors of great experience and expertise can help couples to terminate their relationship in a peaceful manner and to sort out all related issues in the best possible manner and keeping in mind the best interest of both the parties.
Steps Involved for Availing Divorce
- Separation: To apply for divorce, it is necessary for the couples to have stayed apart for a specific time period. During this stage, temporary child custody and spousal support could be made. Property and other assets can be divided, including debts according to the bearer.
- Filing petition: On meeting separation requirement, one can file “Complaint for Marriage dissolution” in the state, they reside in. Proper forms are to be filled up, filing fees paid, papers filed with district court. An attorney can help to complete forms and to have them filed.
- Notifying spouse: After filing the complaint, the next involved step is serving or notifying the spouse. Its proof needs to be submitted to court. Spouse may or may not agree to stipulated terms in papers and sign Voluntary Appearance document. Spouse can respond formally within twenty to thirty days, if terms that are stipulated in papers are not accepted. Waiting period to be expected before hearing is scheduled. Judge can actually grant everything that is requested in complaint, if there is no response from the spouse, after being notified. If spouse is not found anywhere, then service can be filed by publication. It will allow longer response period.
- Temporary hearing: It is also known as ‘motion’, which can take place much before setting of the trial. It establishes temporary spousal and child support and to settle the other issues, which include exclusive usage of marital home, using motor vehicle, injunction in regards to ongoing health insurance along with attorney fees, etc.
- Depositions: At the time of depositions, the lawyer is likely to take sworn testimony of opposing party, besides involved witnesses. Anything that is said during deposition would be utilized in court, if agreement is not met.
- Agreement: Written agreement as to how debts and property is to be divided, along with spousal support and child custody to be arranged, tends to detail the conditions, each spouse agree to. The spouse can settle it through meditation or through their lawyers via collaborative law procedure. In case, either method does not work, then the matter is to be taken to the court and for the judge to decide.
Trial: It could be that things get nasty inside the court, with each lawyer trying to win case for his client and to look after his best interest. The issues get addressed by judge and the final decision is taken based upon presented evidence. In case, spouse does not like the decision made, she or he can appeal and when granted, case moves back to court.