Divorce can be a confusing time and some parties feel better knowing what to expect and when to expect it. Read on for a simple guide to follow so you can predict what will be happening next with your divorce.
You Decide to Separate
You don't necessarily (in most states) have to live separately but most divorcing parties do and that may be the first step in the divorce. For many, though, separation provides an opportunity for efforts to save the marriage. Not all states require the parties to agree to a separation agreement but it's advisable. Legal separation agreements allow the parties to plan for mostly financial issues like support and bill-paying.
Hire a Lawyer
Don't skip this step even if you think you and your spouse will agree on everything. It's too easy to miss out on benefits that could later haunt you if you pass them by. For example, during the separation period, the process for accessing your spouse's retirement benefits should begin since that is considered a marital asset. Having your own representation assures you won't miss anything that's important.
File the Papers
If you are ready to file, the papers (the petition) are drawn up and delivered using a process server to your spouse. Using a process server ensures that you have proof of delivery. The petition is formal notice that your marriage is over, and it addresses every important issue concerning children, debt, assets, and more.
Mediation
Not everyone can work things out during divorce negotiations, but they might still be able to avoid having the judge make the decisions. Mediation may be ordered, or it might be optional but it's sure to be better than litigating matters in court.
Child Studies
This is another way of avoiding having the court make decisions about something personal but it's nearly as problematic. Child studies may be ordered to help the judge decide on custody and visitation matters. If you don't agree with the results, though, ask your divorce lawyer about having another study performed.
The Final Petition
Once everything is agreed on (or has been ordered by the judge), the final decree is handed down. Except for issues having to with minor children, the court has spoken for the final time on the matter of the divorce. Any issue concerning children, however, remains open while they are minors.
For more information, contact a company like Deas Law Firm LLC The.
Share8 March 2022
My name is Laura, and I am an attorney specializing in helping clients leave violent marriages. The law can help victims be safe, but many potential clients cannot afford legal services and may be afraid to pursue divorce. They may not be aware of services that have been created to keep them hidden from violent ex-partners and to help them be awarded assets in a divorce so they can provide for themselves and their families. I hope to raise awareness of these issues as well as help direct people in danger to facilities where they can receive guidance and financial assistance.