Home » Relationships » Divorce

Problems Associated With Getting a Divorce

Jul 18, 2008
Getting a divorce is not as simple as many people think. There are many questions that both spouses need answers for and both should have different lawyers representing them. If both spouses agree to the divorce and want the marriage to be over as quickly as possible, they can have the bulk of the paperwork completed before they even seek the services of a lawyer. They may even be able to use the same lawyer in this type of situation. The paperwork involves gathering all the information about bank accounts and assets and decide how to share them. If there are children involved, both parents can agree to a custody arrangement that suits them and the children.

Although all divorces do not end up in court, a great majority of them do. If one of the spouses does not want a divorce and refuses to sign the divorce papers, this will not stop the proceedings, although it may delay it. In this case the spouse petitioning the court for the divorce can still go ahead and file and if the other spouse does not respond to the summons and petition within 30 days, then the filing spouse can petition the court to grant the divorce by default. By not showing up at the hearing, the spouse automatically takes himself/her self out of the situation and does not have any say in the final decision of the court regarding the division of assets.

No one has to leave the house when a divorce has been filed. It may be uncomfortable if the couple is not getting along and may not be in the best interests of the children for both of them to continue living in the same house, but neither one has to move. You can request a temporary hearing for the court to decide which partner should move out, but this decision may not be the final one reached in the divorce hearing.

The length of time it takes to get a divorce varies. This is because there are many factors involved that could delay any aspect of the process. If one spouse contests the divorce, this will delay the proceedings, as will any objections to the proposed settlement and the backlog of the courts in the jurisdiction. An uncontested divorce may go through in a few months, but if there are complications, it could take a long as a year or more. If one of the spouses signs a prenuptial agreement before the marriage, then the divorce should proceed through the courts without a hitch. However, if there is a disagreement between the couple over what constitutes marital assets and separate assets, then the process could take a lot longer.

When you receive notification of a court hearing, it is important that you attend. If there are circumstances that prevent you from having a lawyer, you should still attend the hearing and ask the judge to schedule a second hearing, which will give you time to prepare. If you have work commitments that prevent you from attending the hearing, which is of importance to you, such as in the case of child custody, you should call the court clerk to have the hearing rescheduled. Keep in mind that your spouse also has to agree to the rescheduling.
Rating:
Please Rate:
(Average: Not rated)
Views: 164
Print Email Report Share
Article Categories
    • Artists
    • Gambling
    • Humanities
    • Humor
    • Movies
    • Music
    • Photography
    • Tattoos
    • Television
    • Classic Cars
    • Motorcycles
    • Recreational Vehicles
    • SUVs
    • Trucks
    • Vans
    • Branding
    • Business Opportunities
    • Careers and Jobs
    • Corporate
    • Customer Service
    • Direct Mail
    • Entrepreneurship
    • Ethics
    • Financing
    • Franchising
    • Home-Based Business
    • Human Resources
    • Import and Export
    • Leadership
    • Management
    • Market Research
    • Marketing and Advertising
    • Negotiation
    • Network Marketing
    • Networking
    • Organizational
    • Presentation
    • Project Management
    • Public Relations
    • Small Business
    • Strategic Planning
    • Team Building
    • Telemarketing
    • Training
    • Data Recovery
    • Databases
    • Games
    • Hardware
    • Networks
    • Operating Systems
    • Programming
    • Security
    • Software
    • Spyware and Viruses
    • Ask an Expert
    • College and University
    • Home Schooling
    • K-12
    • Languages
    • Online Education
    • Psychology
    • Accounting
    • Credit
    • Currency Trading
    • Debt Consolidation
    • Insurance
    • Investing
    • Leasing
    • Loans
    • Mortgage
    • Mutual Funds
    • Personal Finance
    • Stock Market
    • Structured Settlements
    • Taxes
    • Wealth Building
    • Coffee
    • Cooking
    • Gourmet
    • Recipes
    • Wine and Spirits
    • Acne
    • Aerobics
    • Alternative Medicine
    • Beauty
    • Cancer
    • Cosmetics
    • Depression
    • Diabetes
    • Diseases and Conditions
    • Fitness Equipment
    • Fitness
    • Hair Loss
    • Heart Disease
    • Medicine
    • Men's Health
    • Muscle Building
    • Nutrition
    • Skin Care
    • Supplements and Vitamins
    • Weight Loss
    • Women's Health
    • Yoga
    • Arts and Crafts
    • Babies
    • Collecting
    • Elderly Care
    • Genealogy
    • Hobbies
    • Parenting
    • Pets
    • Pregnancy
    • Woodworking
    • Feng Shui
    • Gardening
    • Home Appliances
    • Home Security
    • Interior Design
    • Landscaping
    • Affiliate Programs
    • Article Marketing
    • Auctions
    • Audio
    • Banner Advertising
    • Blogging
    • Broadband
    • Domain Names
    • E-Books
    • E-Commerce
    • Email Marketing
    • Ezines and Newsletters
    • Forums
    • Internet Marketing
    • Link Popularity
    • Pay-Per-Click
    • Podcasting
    • RSS
    • Search Engine Marketing
    • Search Engine Optimization
    • Security
    • Social Media
    • Spam
    • Video
    • Viral Marketing
    • Web Design
    • Web Development
    • Web Hosting
    • Copyright
    • Cyber Law
    • Intellectual Property
    • National, State, Local
    • Patents
    • Regulatory Compliance
    • Trademarks
    • Buying
    • Selling
    • Baseball
    • Basketball
    • Boating
    • Cycling
    • Extreme Sports
    • Fishing
    • Football
    • Golf
    • Hockey
    • Hunting
    • Martial Arts
    • Running
    • Scuba Diving
    • Soccer
    • Swimming
    • Tennis
    • Astrology
    • Buddhism
    • Christianity
    • Faith
    • Hinduism
    • Islam
    • Judaism
    • Meditation
    • Metaphysical
    • New Age
    • Cable and Satellite TV
    • Cell Phones
    • Communication
    • Gadgets and Gizmos
    • GPS
    • Satellite Radio
    • Video Conferencing
    • VoIP
    • Addictions
    • Coaching
    • Goal Setting
    • Motivational
    • Stress Management
    • Time Management
    • Clothing
    • Electronics
    • Fashion
    • Gifts
    • Jewelry
    • Causes and Organizations
    • Environment
    • History
    • Holidays
    • Men's Issues
    • Nature
    • Philosophy
    • Politics
    • Women's Issues
    • World Affairs
    • Air Travel
    • Camping
    • Cruises
    • Destinations
    • Outdoors
    • Article Writing
    • Book Reviews
    • Copywriting
    • Fiction
    • Non-Fiction
    • Poetry
    • Quotes
    • Screenplay
    • Tools and Resources