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Relationship -
Divorce
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If you are considering a divorce you may be wondering exactly what steps should be taken and what the overall process will be. Of course the actual process may vary by state but there are certain steps that are typically carried out no matter where you live. Also keep in mind that all divorces are not the same. Children from the marriage and other circumstances may determine the actual course that your divorce will take.
- Separation. Although some states do not recognize a legal separation there are those that do. If you live in a state where legal separation is allowed you can have your attorney draw up the papers and petition the court for a separation agreement. The separation agreement is designed to protect both you and your spouse, as well as your children by ensuring that all legal responsibilities are met from all parties. If you do not live in a state where legal separations are considered then you should contact your attorney to file a petition for a temporary separation agreement. This step is typically carried out after you have filed for divorce if your state does not recognize legal separations.
- Your divorce will begin with an Original Petition for Divorce which will be filed with your local court clerk. This document may also be referred to as a Letter of Complaint depending on where you live. The Petition for Divorce is a document that asks the court to grant a divorce and will list the parties involved in the divorce, any children that are involved and the reason that you or your spouse are filing for divorce. It also lists any specifics that you or your spouse feel you should receive. If you are filing for the divorce then you will be named as the petitioner by the courts and your spouse will be named as the defendant. Once the papers are filed then the person who did not file them will be served a copy typically done by the local sheriff’s office. Once the papers are received by the defendant or “respondent” they have thirty days in which to hire and attorney and give their response to the original petition for divorce. This is normally when parties request restraining orders or temporary child support and custody orders.
- Next comes the Discovery period. This is a period of time that is designed to allow the parties to gather information regarding the divorce. The discovery process has five steps which include:
Disclosures - When the attorneys for both parties request specific items from the other party. Interrogatories - A list of questions that the attorneys will send to each opposing side. Admissions of Fact - A written list of facts that is directed at the opposing party. Once these facts are received, each party must admit or deny each fact that is listed. Request for Production - This period is used to obtain documents such as bank statements, income statements or anything else that an attorney feels will benefit his client. Depositions - Attorneys will take sworn testimony from the opposing parties and any witnesses that may be involved. - Mediation. During mediation, both you and your spouse along with your attorneys will meet to discuss any conflicts that you may have with the original divorce petition. The mediator is an attorney appointed by the courts to negotiate a settlement between you and your spouse.
- If mediation does not work and you still have issues that are unresolved then a trial date will be set by the judge. During the trial you and your spouse will both have the opportunity to argue your case before the judge.
- After the trial, once the judge has made his final decision, then you will sign the Final Decree of Divorce. This document will state in finality who receives specific properties as well as outline child support and custody/visitation agreements.
If you feel that your divorce is unfair then you do have the opportunity to appeal the judge’s decision. Discuss this option with your attorney if and when you feel the need to appeal your divorce.
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