Divorce process is challenging and traumatic, regardless of the circumstances. After all, you face emotional and financial difficulties and on top of it all, a complex legal procedure. Nevertheless, even though no two divorce cases are identical, most have similarities.
How Can a Divorce Lawyer Help?
Hire the law firm to represent you when you file for divorce to give yourself a huge edge. The divorce lawyers have almost three decades of expertise defending clients in complex, high-asset divorces.
Regularly serving in USA divorce matters brings invaluable insight to our business. With the assistance of the reputable divorce lawyers, you are able to do proper documentation for divorce process and they will assist and help you to get the compensation.
- Work out a fair settlement with the opposing attorney through negotiation.
- Deal with child custody, child support, and spousal support on your behalf.
- Find any assets your spouse may be trying to conceal.
- Evaluate settlement proposals.
- Identify and settle any new conflicts that may emerge throughout the divorce process.
Here is a detailed explanation of the divorce procedure:
Step 1: File the Divorce Petition
A divorce petition is the first step in a divorce procedure. One spouse—the petitioner—must submit a formal petition to the court asking the court to dissolve the marriage, whether or not the other spouse consents to the divorce. The petition has to contain the following:
- A declaration that at least one spouse satisfies the state’s residency requirements for divorce. States typically demand that at least one spouse reside there for three to twelve months as well as for a minimum of ten days to six months in the county where the petition is file. The spouses must satisfy the state’s residency criteria before the court accepts the case.
- A valid cause of divorce: Whether you file an at-fault or no-fault divorce, these differ by state. Adultery, abandonment, impotence, infertility, criminal record, emotional or physical abuse, substance misuse, and mental disease are all grounds for blame. Irreconcilable differences, incompatibility, and irretrievable breakdowns are examples of no-fault grounds.
Step 2: Apply for Temporary Judicial Orders
Courts are aware that in some cases, such as when a stay-at-home parent is raising the children and financially reliant on their spouse, waiting months for a court to rule on a divorce is not practical. Therefore, when you file for divorce, you can petition the court for temporary orders relating to child custody, child support, and spousal maintenance. If you obtain an interim order, the court will convene a hearing, hear testimonies from both spouses, and then make a decision. Usually, the judge moves swiftly to make the temporary order, which is in effect until the divorce is fully finaliz or the court makes another decision.
3. Submit the Proof of Service
When you file for divorce and ask the court for temporary orders, you must provide your spouse with a copy of the documents and submit proof of service to the court. With the help of this document, you can prove to the judge that you adhered to the rules for “serving” your spouse with a copy of the divorce petition. If you don’t properly serve your spouse and file the proof of service, the judge cannot proceed with your divorce case.
If your spouse is agreeable to the divorce and willing to sign an acknowledgment of service, this step may be simple. Of course, if your spouse opposes the divorce or attempts to make the process more difficult for you, serving the papers can be challenging. In these situations, it’s advisable to work with a qualified expert who delivers documents to difficult parties.
Step 4: Enter into Settlement Talks
You will have to negotiate a settlement if you and your soon-to-be ex-spouse cannot agree on issues like custody, support, and property division. You, your spouse, and your attorney(s) may attend a settlement conference that the court arranges to discuss your case.
The court will occasionally set up mediation sessions with an impartial mediator to help settle any outstanding difficulties. Even though it is not need in all jurisdictions, mediation can be a valuable tool to reduce stress, costs, and time spent on the divorce process.
Step 5: If Necessary, Proceed to Trial
If negotiations fail, the court must step in, which means a divorce trial. A trial is typically conduct before a judge, though in some circumstances, it may be conducted before a jury. In any scenario, the arguments for child custody, monetary support, property partition, and other divorce-relate issues are supported by facts and testimonies from both sides.
The court weighs all the testimonies and evidence before making a final and binding ruling. Remember that divorce cases are costly, time-consuming, and necessitate a great deal of planning. Investigating alternative dispute resolution methods, such as mediation, collaborative divorce, or private arbitration, is often worthwhile.
Step 6: Finalize the judgment
The judge’s signature on the divorce decision marks the end of the divorce procedure, regardless of whether it was amicable or required a trial. This dissolves the marriage and details the distribution of assets and debts, child and spousal support, and custodial and parenting time responsibilities. It is also known as an order of dissolution. The lawyer for the spouse who file the lawsuit often draughts the judgment if you and your soon-to-be ex-spouse agreed on a settlement. But the court makes the final decision if the divorce goes to trial.
What Sets Apart Separate Property From Marital Property?
Everything that either partner earned or gained during the marriage falls under the general definition of marital property. Separate property, on the other hand, solely belongs to one spouse. State laws differ, but individual property typically includes:
- Property that one or both spouses owned before getting married or following a formal separation
- The property is separate if it was purchase during the marriage in one spouse’s name and was not used for the other spouse’s benefit.
- Gifts or inheritances that one spouse has gotten during the marriage
- Accumulated pension benefits before marriage
- Specific awards for personal injuries
Hiring a Divorce Attorney Is Always a Good Idea
If you’re still unsure whether hiring a divorce lawyer is worthwhile or not, think about what they may do for you during the procedure. To ensure that wise decisions are made for the future, a lot of effort has to be put in before the divorce process starts. You can do this preliminary preparation with the aid of an attorney.
A lawyer is also worth engaging to make sure you have everything covered. Although you and your spouse have already discussed a lot, have you considered every scenario? Without understanding what “everything” entails, couples often believe they are in complete agreement. You might have failed to take into account some of the subtleties that may affect your decision. A lawyer can assist you in determining up front what needs to be resolve so that you can avoid spending a lot of money and causing yourself future headaches.