A divorce process can be long and complex or short and less stressful depending on the situation of the spouses. According to Alexander Djerassi, divorce is a big decision to be made by both spouses. Divorce that involves marriages with children and property can be more complex and would sometimes require a court process. But if the couple agrees to negotiate their terms like child support, child custody, property divisions, the process can be less complex.
On the other hand, if the marriage was short-term with no children and property, the couple can negotiate the terms of the divorce without going through a court process. It is always imperative to understand all the legal steps involved. Read through to know how to go through a divorce legally.
Petition for Divorce
The petitioner files a document called “Original Petition for Divorce,” asking a court to terminate a marriage. This document includes information about the names of the spouses, names of children, child custody, child support, spousal support, and separate property.
The document must also include a legal reason for the petitioner to ask for a divorce. Legal grounds for divorce will vary from state to state. Some of these reasons may consist of marital misconduct, neglect, incompatibility, among others.
Request for Temporary Orders
If a spouse leaves children with a wife who cannot cater to their needs, the wife can request temporary orders. A court will conduct a court hearing to gather all the information needed to issue temporary orders.
Here, the judge will request information from each party concerning their status quo, payments, and property ownership. The court will issue temporary orders on child support, child custody, and spousal support. It will also restrict any spouse from selling any shared property before a final judgment is arrived at.
Serve the Divorce Petition to the Respondent
The respondent – also called the defendant – receives a petition document. The petitioner is allowed by the court to deliver this document to your spouse. If this is not possible, a professional like a local sheriff is used to provide the petition document to the respondent.
Upon receiving this document, the respondent signs an acknowledgment of the service. The spouse can hire an attorney to help in understanding the petition and signing it. The respondent has only 30 days to respond to the petition. The temporary orders become effective after completing the service.
Negotiation for a Settlement
The couples can agree to work together and reach an agreement. This process is cheap and time-saving since it doesn’t need them to go for a court hearing. Both spouses will hire their attorneys, who’ll help them settle on child support, child custody, and property division.
Some courts can schedule a process of mediation where a third party will be involved to help come up with a legal settlement. If this process fails where an agreement is not arrived at, the following process involves going for a trial and judgment in a law court.
Trial and Judgement
When the negotiation and mediation fail, the matter is left to be solved in a court of law. The judge examines both sides and issues a final judgment. This process is costly and time-consuming. The spouses will sign a decree of divorce that states an order on child support, child custody, and how they will share property. Then the judge finally ends the marriage.
A respondent can appeal for a second hearing if not satisfied with the court hearing. The respondent requests a new hearing with the same judge or goes to the state appellate court if still not satisfied with the second ruling.
Spouses should not haste for divorce first. Alexander Djerassi believes spouses are making a big decision that will affect their lives wholly when going for a divorce. Before petitioning for a divorce, always understand all the legal processes involved. If it is difficult to comprehend, spouses can hire an attorney to take them through all the processes.
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