Divorce is one of the most challenging things one can ever do in life, socially as well as legally. When an individual has realized some aspects of the divorce process, then the individual can face this period of their life with understanding and confidence.
Whether starting your journey or about to put the final touches on separation, having a roadmap ensures you’re better equipped to make informed decisions.
This article details in a step-by-step manner all that one may face in the divorce proceedings and some tips on getting a suitable attorney who can represent your interest in the court of law.
Step 1: Making the Decision to File Divorce
There is the painful decision to start the divorce, usually after considering the probability of reconciliation or whether separation would be better. The next important step involves consulting a qualified divorce lawyer from Chadi & Company to be informed of the options and legal rights.
Step 2: Filing the Divorce Petition
Once a decision is made, the spouse that initiated the divorce-the petitioner-throws a formal divorce petition into the court. Depending on your state’s laws, this will involve some grounds for divorce. The most common are irreconcilable differences or fault-based, such as adultery or abandonment.
Step 3: Serving the Divorce Papers
Once filed, the petition has to be served legally upon the other spouse, the so-called respondent, for the purpose of legally notifying both parties of the proceedings. More often than not, an attorney will serve the process to ensure it is effectuated appropriately.
Step 4: Response to Petition
In most states, the respondent has a filing period, generally within 20 to 30 days, where they may say yes, uncontestably amend, or reject the divorce petition. If such a respondent does not respond, the Court can award it as a default judgment.
Step 5: Settlement Negotiation
Most divorces involve negotiating issues of prime concern, such as child custody, spousal support, and division of assets and debts. Mediation facilitates an agreement and sometimes avoids the process of trial in court. Getting your rights and interests well-protected with a well-competent attorney is essential here.
Step 6: Trial in Court Proceeding (in case it becomes necessary)
If no agreement is reached, then the case goes to trial. During trial, both parties’ evidence and arguments are presented before the presiding judge, who decides on all matters. A trial-experienced attorney is a big plus in presenting your case well.
Step 7: Finalizing the Divorce
The divorce is finalized when the agreements are reached, or the court makes an order. The actual divorce involves a divorce decree that a couple signs to legalize the end of their marriage and all the terms of separation.
Final Thoughts
Divorce may be complicated, but it’s much easier to understand and less intimidating once the steps are explained. From the moment the petition is filed right to the final point of determining divorce, all of these steps take a lot of planning, and before making a move, one has to consult a lawyer. You will also need a reasonable attorney who will take a drive to ensure you get the best possible results. However, it is never too late, and with proper encouragement, you will successfully overcome this bad patch into the next phase of your life.