Divorce proceedings vary depending upon the state in which the divorce is sought and the situation of the couple involved. Some divorces are amicable and can be resolved with relative ease. However, some divorces are infused with anger, resentment and sadness, resulting in costly, drawn out legal battles. Other factors which can complicate and prolong the divorce process include children, complex property issues, and a lengthy marriage.
Filing a Petition and Grounds for Divorce
A divorce petition is a legal document in which the party who would like the divorce asks the judge for a divorce. Even if both husband and wife consent to the divorce, one or the other must file a divorce petition with the court to get the divorce process started.
A petition usually includes the "grounds for divorce." Grounds for divorce are the reason(s) that a person is asking for a divorce. Most states allow "no fault" grounds for divorce. "No fault" grounds for divorce means that a person seeking a divorce need only site "irreconcilable differences" in order for divorce proceedings to begin.
Few states require "fault grounds" to be specified on the petition. "Fault grounds" are actions or inactions that one person in the marriage did to the other that would allow a person to exit a marriage. Some examples of "fault grounds" are adultery or abuse.
Temporary Orders
Temporary orders are orders that deal with issues such as:
- Custody of the children during the divorce proceedings
- Who pays the monthly bills
- Who remains in the family residence
Temporary orders are issued by a judge. The person who is filing the petition usually includes a request for temporary orders. The person who receives the petition has a set number of days in which they can respond to the temporary orders, agreeing with the orders or filing different temporary orders in their response.
Response
The person who is on the receiving end of the petition has a set number of days to file a response. A response addresses and/or disputes such issues as:
- The stated grounds for divorce
- Property division
- Child custody or any other issues relating to the divorce stated in the petition
Service of Process
Service of process is the method in which legal papers, like a petition for divorce, are presented to the other person in the divorce. This is also referred to as "being served." There are many ways to be served. Sheriffs, companies, friends and relatives can all serve legal papers on a person. However, due to the volatile nature of some divorce proceedings, it is usually best if papers pursuant to a divorce are served directly to the representing attorney's office.
Negotiation
If there are any difficulties in sorting out the terms of the divorce, the sides may need to negotiate the terms of their divorce. The court may schedule a settlement conference in which both sides of the divorce come together and try to resolve the issues in conflict.
Trial
If the parties fail to agree to the provision of the divorce, the divorce will go to trial. Taking a divorce to trial is undesirable because trials are typically lengthy, very expensive and can have unpredictable results.
Order of Dissolution
Whether or not the divorce is settled amicably, in negotiation or at trial, the divorce is only complete upon the receipt of an Order of Dissolution. Also called a Final Judgment, this document issued by the court states that the marriage has been legally terminated.
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