Divorce is widespread in the United States, however, the procedure varies based on the couple’s circumstances. Long-term marriages with major property entanglements, marital liabilities, and small children usually result in a more complicated and time-consuming divorce than short-term marriages without kids or property. Furthermore, divorcing couples that work together to discuss the conditions of their divorce will have a less expensive and traumatic divorce than couples who can’t agree or refuse to comply.
No-fault divorces, where to file for divorce, serving and responding to a divorce petition, the evidence and general family court procedure, divorce records and related privacy problems, childcare and custody, divorce mediation, and more are all covered in this area. For an introduction to the divorce procedure, you’ve come to the correct spot.
Where to File?
Regardless of if two partners agree to the divorce, one spouse must submit a legal petition with the court to end the marriage before the divorce procedure may begin. The following information must be included by the filing spouse:
- a document that tells the court that at least one partner fits the residence criteria for divorce in the state
- a legal cause for the divorce (or grounds), and
- any additional information required by law in your jurisdiction
The qualifications for residency differ based on where you live. Before submitting the petition, most states take at least one partner to live in the state for 3 to 12 months, as well as in the county where the spouse petitions for 10 to 6 months. Before the court may accept the case, divorcing spouses must fulfill the state’s residence requirement.
Divorce grounds differ from state to state. All states, however, allow divorcing spouses to seek a no-fault divorce. Courts recognize that for certain marriages, a waiting time for divorce is not feasible. When you file for divorce, you have the option of seeking interim court rulings for parental rights, childcare, and spousal support. If you ask for a temporary order, the court will schedule a hearing and gather information from both spouses before making a decision. The interim order will normally be granted promptly by the judge, and it will continue in effect until the court rules differently or until the divorce is finalized by the judge.
When the parties have opposing viewpoints on crucial issues such as child custody, maintenance, or property distribution, both spouses must work together to achieve an agreement. A settlement conference is a meeting between the parties and their counsel to evaluate the status of the case, which is sometimes scheduled by the court. The court may order mediation, in which a neutral third party facilitates communication between spouses in the hopes of resolving any outstanding concerns.
Even with each spouse’s best efforts, sometimes discussions fail. If matters remain unclear after mediation and other discussions, the parties will be required to seek assistance from the court, which would include going to trial. A divorce trial is both expensive and time-consuming, and it also transfers all authority from the spouses to the court.
If you’re dealing with divorce, talk to our knowledgeable and experienced divorce lawyer at Autrey Law Firm about your choices.