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Divorce Help: Understanding The Divorce Process, Step-By-Step
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By: XSTILLA.COM
Whether you’re considering a divorce or simply want to know what the divorce process entails, we commend you for wanting to learn more. As you might guess, there are many steps to filing and obtaining a divorce. As such, many consider the process complicated and mind-boggling. In this article, we will discuss the divorce process – step by step. We’ll discuss the types of filing of documents, temporary orders and discovery phase. Once we do this, you’ll have a better understanding of the entire process.
Let’s begin.
Original Petition for Divorce
Every divorce begins with what is called either an original petition for divorce, or in some states, it is referred to as a "letter of complaint," which is filed in the couple's local court clerk. This request identifies the spouses and names any children they may have together, asks the court to grant the divorce, and lists a reason for the petition as stated by the spouse who filed, who is known as the petitioner.
In the majority of states, a blanket reason such as incompatibility or irreconcilable differences will be listed for the reason as the desired dissolution of the marriage as per the no-fault divorce laws.
The other spouse, the respondent, is served the papers and then has a period of 30 days in which to hire an attorney and respond to the petition. It is during this time that temporary orders regarding matters such as child support or alimony are filed.
Filing Temporary Orders
After the original petition for divorce is filed and served to the other spouse, temporary orders may be issued by the courts which will outline what actions are to take place before the divorce is finalized. In addition to child support and alimony or spousal support, these legally binding orders also include the important issue of temporary child custody.
If one spouse does not abide by these orders, they may be found in contempt of court and consequently fined or even jailed depending on the judge's discretion.
The Discovery Phase
The five steps to what's referred to as the discovery phase, a period in which pertinent information is gathered about both spouses, include the following:
• Disclosures: Each state has their own rules in place governing the way disclosures are conducted. The respective attorneys request certain documents needed for preparing the terms of the divorce and each spouse has 30 days to respond to the request for the documents.
• Interrogatories: Interrogatories is just a fancy word for the list of questions the attorneys will prepare to send to one another, also with a 30 day limit for a response.
• Admission of Fact: This written list of facts is sent to the other spouse who then has the option of agreeing or denying the facts as they are listed.
• Request for Production: This legal document requests personal information from the divorcing spouses such as bank statements, proof of income, or any other documents the attorneys feel will be needed to fairly dissolve the marriage.
• Depositions: Sworn testimonies are taken from each spouse as well as any applicable witnesses or third parties that may be involved.
Mediation
In the best case scenario, mediation will save you a considerable amount of both time and money and also facilitate the divorce process. We will be discussing mediation more in depth in future chapters, but in brief, the process involves both spouses meeting with either a court appointed mediator, or one hired by the couple themselves to negotiate the terms and conditions of the divorce.
A mediator may be an attorney, a therapist, or one who is well versed in legal issues regarding divorce and family law, and will try to help the couple come to an agreement to settle their issues and differences without the need for expensive litigation.
Divorce Court
If a couple has been through mediation unsuccessfully and there are still unresolved issues that need addressed, both spouses will have a chance to plead their case in front of a judge in divorce court. Your attorney will be able to give you tips and advice on matters such as courtroom behavior, how to make the right impression on the judge, and what type of outcome you should expect.
After all of the evidence is thoroughly examined by the judge, a decision will be made that's in the best interest of both parties, as well as any children, and a final settlement ruling will then be made.
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