Divorce Process Management makes economic and emotional sense

If the decision has been made to end your marriage, then it becomes necessary for you to become knowledgeable about the divorce process. First of all, be aware that the divorce laws in the state in which you are living are what will determine the divorce process. However, most divorces follow these steps:

Legal Separation Not all states have laws allowing for married couples to participate in legal separation. As far as the courts are concerned, you are married until the courts grant a divorce. For those states that do allow for separation to be legal, an attorney needs to petition the courts for a legal separation agreement. This agreement protects both spouses as well as any children from the marriage, since it makes sure that both spouses fulfil their legal responsibilities to each other.

If your state does not allow for legal separation, then after filing a petition for divorce, your attorney can file a petition requesting a hearing so that a temporary separation agreement can be ordered by the court. This petition could be filed in the courts by you, if you wished to do this.

The divorce process is started by filing an Original Petition For Divorce with your local court clerk. It is also known as a Letter Of Complaint in some states, but the documents are both requests that the court dissolves the marriage, or in other words grants a divorce, and gives a reason for the request, often incompatibility or irreconcilable differences. There then follows a listing of any relief that the person filing for the divorce feels that they are entitled to.

The letter of complaint, or the original petition is served on the other spouse or respondent, although in some cases they are referred to as the defendant, with the person requesting the divorce being the petitioner. In many states, the local sheriff’s office are responsible for serving these divorce papers, but it depends on the state you are living in, and the country of course. In some cases, the papers are mailed, or delivered by hand. The respondent then has 30 days in which to hire an attorney, and respond to this divorce petition.

Next follows the period of Divorce Discovery, which is nothing more than the collecting together of all the details of the case, the income for both the respondent and the petitioner, as well as the marital assets, the monthly expenses, and so on.

If the two sides do not agree on how to divide their properties and assets, they may choose to go to mediation sessions, run by an impartial third party who will help the couple discuss the options, and hopefully let them resolve some of the issues. If everything can be decided mutually, then the divorce can proceed as uncontested, but if there are issues that can not be settled, then the divorce is said to be contested, and the divorce sent to trial. There the judge will hear evidence from both sides, and will then retire to make a judgement on the petition. Once the decision is made, the petitioner and respondent need to sign the court papers finally ending the marriage.

If you feel that the decision is unfair, then you can appeal the order and request a new hearing. This appeal is filed with the judge who just placed the orders, so is not very likely to be successful, but if the appeal is denied, it can be appealed with the state appellate court.

The whole divorce process can be long and drawn out, but that really depends on the complexity of your affairs, and whether or not children are involved in the case. The more complex a case, the more it is going to cost, and the longer it will take to complete. It saves a lot of time and money if the divorce can be uncontested, and this divorce process is covered on another page of this blog.

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• PROCESS OF SEPARATION AND DIVORCE