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The Basic Facts About How to Get Divorced

Jul 18, 2008
It is important to know that when you want to get a divorce, you and your spouse are in control of the situation and the proceedings. One of the main things about finding out about how to get a divorce is that not all divorces have to end up with a battle in the courtroom. However, a final divorce decree does have to be sanctioned by the court. There are different divorce laws in different places, which you need to be aware of. The best advice is to make sure that you contact a lawyer that deals with divorces so that you have the best representation. The length of time it takes for your divorce to go through depends to a large extent on the court docket and how crowded it is.

No matter how much a hurry you might be in to get divorced, there are certain stages that you must follow in order for the divorce to be legal. The first thing you must consider is the jurisdiction, which is where the hearing for the divorce will be held. In some places, those filing for a divorce must be residents of that state or province for at least 6 months prior to filing for a divorce.

The process of getting a divorce starts with serving the summons and petition for divorce. In some locations this is called a petition for legal separation, as the couple may have to be legally separated for a period of time before one of them initiates divorce proceedings. The difference between the two is that in a legal separation, the couple is still married. The summons is a document that specifies that one of the spouses is petitioning the court to have the marriage dissolved. There are two parts to the petition. The first part identifies the people involved, whether they have any children and identifies the property or assets that they own. The second part states the manner in which the property is to be divided, the custody of the children and if there are to be any alimony or child support payments.

In an amicable divorce, the spouses may have already agreed to these conditions informally and if so then the divorce will not be contested. The spouse that is being served with the divorce has thirty days in which to respond to the summons and petition by either agreeing to the facts -presented or asking for a different settlement. not answer the summons, then the spouse filing for divorce can seek to have the divorce made legal by default.

A spouse that opposes some of the facts presented in the petition may request a hearing in the hope of resolving some of the issues. These could deal with temporary child custody, temporary support payments seeking protection against abuse or harassment or the division of the assets. The temporary hearing does not usually affect the outcome but does provide some relief to both parties during the waiting period.

Most courts want the couple to mediate their disputes before the divorce goes to court a qualified counselor /mediator will work with the couple to help them try to resolve their disputes so that a settlement can be reached. If this is not possible, then the court will review all the paperwork submitted and interview anyone involved in the case in an effort to reach the right decision. The divorce will still be granted, but the court will decide custody and division of assets.
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