- Understanding the Divorce Process
If you and/or your spouse are contemplating
divorce, there are many details that need to be resolved. While reading this
information will not make the emotional toll any easier, understanding the
various procedures can help you work through the legal process without losing
your sanity
What is an Uncontested Divorce?
If you and your spouse have agreed
upon the important issues pertaining to your divorce, this is called an
uncontested divorce. These issues may include child custody, child
support, and division of property. If your uncontested divorce involves
children, the court will conduct interviews and do what is in the best interest
of the child.
Usually an uncontested divorce will
be granted by using no-fault grounds. This means that neither party is
attributing fault to the other, but that the marriage is irretrievably broken
and is beyond repair.
Also, the two of you must agree on
the division of the marital property or the court will be forced to make the
decisions concerning marital property.
What is a Contested Divorce?
In a contested divorce, you and your
spouse are not able to come to an agreement on child custody, marital assets,
and property division. In this instance, self-representation is not suggested.
It is recommended that you seek legal counsel to work through the unresolved
issues that you and your spouse may have.
Steps Involved in a Contested
Divorce are:
- Meeting with an Attorney
- Divorce Petition Served to Your Spouse
- Your Spouse Responds to the Petition
- Discovery
- Settlement
- Trial
- Post Trial Motions
Also, contested divorces can contain
various fault grounds on which a divorce divorce may be granted. The various
fault grounds that can be presented in a complaint will be discussed in a
separate post.
The process of divorce can cause
hurt feelings and open deep wounds. During and after the process, both parties
may want to consider counseling. If children are involved, it may be a good idea
to give them the benefit of counseling as well.
What is Separation?
Sometimes, people will use the terms
“divorce” and “separation” interchangeably. A separation is when marriage
partners sever their relationship with the intent of ending the marriage. In a
divorce, the court actually terminates the marriage. Once the marriage is
terminated, the parties are free to remarry.
However, keep in mind that most
states have waiting periods once the complaint is filed before a divorce will
be granted. Some states even have waiting periods to remarry once the
divorce is granted.
We know that you may be going
through a tough time while facing a pending divorce. As you work through the
process, seek the support of family and friends. These are the individuals that
will rally around you as you are ending one part of your life to start a new
phase.
