The necessary steps of obtaining a divorce depend on the particular situation of the parties getting the divorce. If the marriage is young with no children and little property or debts is less involving than a longer one with children and significant property and debt to divide.

Mallet, legal code and statue of justice. Law concept, studio shots

The process needs to be simpler if both parties want to agree to divorce. The more the parties agree between themselves, the smoother and quicker their divorce.

However, there is a small percentage may not reach a satisfactory agreement regarding the termination of their marriage.

The laws and procedures vary significantly from state to state.

What divorce law include

Child support

The law addresses the medical or health insurance coverage of the children, school expenses and other vital expenses. It determines the monetary obligation parents have for their children.

Spousal support and maintenance

Often one spouse will have to provide monetary support to the other spouse for a specific period. Many factors will determine the type of support the other spouse need as well as the amount of time they should pay.

Dividing debt and property

Whether a state is a community property state or an equitable distribution state is a significant factor in classifying marital property and separate property. It also determines the distribution of wealth and debts in a divorce proceeding.

Child custody and visitation

 You need to decide on the wellness of the children and their best interests. The child will either reside full time or part time with each parent. You will make visitation schedules, holiday schedules and parenting time.

Separation

Depending on the recognition of legal separations in a state the divorce law will vary.

Divorce process

Filing a petition

This is the first process when both parties agree to divorce. One will have to file a petition with the court asking for a divorce.

Temporary orders

When one spouse depends on the other for financial support, the spouse will ask the court for temporary orders for support and custody. A temporary order remains effective within a few days until the full court hearing.

Service of process

The party filing the divorce need to file proof of the service of process. This document ensures the other party receives the divorce petition.

Response

The party receiving the service process will file a response to the petition. They may dispute if the petition is on faulty grounds.

Negotiation

The court may schedule settlement conferences to move parts towards a final resolution of issues when there are disagreements.

Trial

It will decide and resolve any issues that the parties cannot address by themselves.

Order of dissolution

It ends out the marriage and spells out the division of property and debts, child custody and support and any other issues.

Get in touch