Taking A Trip Down Divorce Street
Posted on: 24 April 2018
If you and your spouse have decided to call it a day, you may be wondering "what's next?". Going from married to single is a process, and a great deal of how it goes depends on you and your soon-to-be ex. You can make your divorce quick and easy or contracted and difficult; and when you can work issues out yourselves instead of using the courts, you will get away with a divorce that is cheaper, faster, and easier. No matter how well you are prepared, there are similar steps to all divorces, so read on and take a trip down divorce street.
Time to make a move
Some couples do remain under the same roof for various reasons, at least for the time being, but most often one party or the other decides to pack their things and move on. It really doesn't matter whether you live apart or not; you should take steps to protect your financial interests once you've made the split decision. The first step, therefore, should be to see a family law attorney, like Harris, Steven W, and have legal separation agreement drawn up. This agreement will cover things like spousal support, child support, debt divisions, property divisions, temporary custody, and more. Just ask yourself whether or not you want to be 50% responsible for furnishing a bachelor pad, and you'll see the value of this agreement.
You've been served
The person who files for divorce is known as the petitioner (or plaintiff) and the other party is known as the defendant (or respondent). The divorce petition spells out the bare bones of the facts about the divorce and serves as the first official notice of a pending divorce.
So ordered
There is often a need for various legal matters to be attended to during the time between the petition filing and the final decree. Orders deal with various important matters such as child support, temporary spousal support, and visitation arrangements.
Make some discoveries
Discovery is part of most pretrial procedures but is usually only necessary in more complex and contested divorce cases. An upcoming court case may require that the parties exchange certain pieces of information, and the process calls for that information to be formally requested. In a divorce case, you may find a need for requesting financial documents, the need to ask questions of the other party, and a list of admissions that the parties can either deny being true or agree with. In some cases, a deposition is called for. This is a question- and-answer session that is recorded and may be used in court.
Take the stand
If the parties are in contention, then a trial cannot be avoided, although all couples should at least try mediation to resolve issues outside of court. Here, the sides fight it out and things like witnesses and custody evaluations slow matters down to a crawl.
It's finally over
Whether by a judge's ruling or by an agreement forged, the final decree contains official language parting the couple and setting out orders for everything from property to children. Speak to a divorce attorney to learn more.
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