What Happens During The Divorce Process?
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In this article Stellar-Advice will discuss the divorce process, we will explain a bit about divorce paperwork, divorce petition, financial disclosure, and everything in between.
A divorce process can be a difficult period of time for everyone involved. During the divorce process, both parties should try to be as fair as possible when addressing financial matters and child care. Your unresolved issues during the marriage need to be set aside, and you need to do what is best for everyone involved. So, What Does The Divorce Process Look Like? Well, The divorce process starts with a:
1. Divorce Petition Or Dissolution Petition.
Keep in mind that this is a bit different from the divorce decree. When one spouse files a divorce petition the legal document will be served to the other partner. The petition for divorce will be filed in a state court based in one of the spouses’ counties.
The dissolution petition doesn’t take into account where the marriage occurred. The dissolution of marriage has all the relevant information including the names of the spouses, If it’s a divorce with children it also has the childrens’ names. There will be information regarding child custody, child support, marital property, and other financial documents.
2. Serving The Dissolution Petition
Divorce papers will be given to the other spouse. If both parties agree to the divorce then the other spouse needs to sign the document as proof of service. If a spouse doesn’t provide proof of service the other party can hire a professional who will provide a personal service of papers.
If there was proper service you will receive a date for divorce proceedings. There may also be restraining orders in place. The date on these initial documents will also be regarded as the date of separation.
During this period of the divorce process, both spouses will not be allowed to take kids out of the state or to perform property division of any kind. This also includes non-marital property. Spouses are unable to sell their health insurance, dental insurance, and life insurance policies against the other partner.
3. Responding To Dissolution Petition
A spouse is also able to provide a response to the petition by confirming whether or not they agree. If a spouse provides a positive response there is an increased chance there will be no divorce hearing.
An uncontested divorce will be ideal for both sides as it will allow you to avoid temporary hearings. This will allow you to avoid additional attorney fees and the filing fee.
4. The Last Part Of The Legal Process
During this step, both parties will provide a financial statement providing a description of property, assets, incomes, and expenses. If both sides agree to these terms there is just a bit more additional paperwork to go through.
Once the divorce judge makes a judgment the divorce will be final. Keep in mind that the marriage will not be fully dissolved for a certain period of time. These waiting time periods will vary from state to state.
The divorce process can be difficult, so educate yourself and put the children first if you have any. Get a therapist if it is taking a toll on you and the family and opt for the best legal advice that you can get to guide you. Do not file for a divorce until you have considered everything, exhausted all options to help work it out, and are prepared. A divorce should be the last option when all else has failed. Make sure that if you have acquired assets that you have copies of all your financial documents in order to proceed forward.