How to Complete a Divorce Process?
You have made the final decision to get divorced, but how do you proceed from here? You need to know how the whole process works in detail. Though primarily it is projected as a spouse against spouse situation, you need to know the following steps to proceed smoothly with a divorce. The section will tell you everything you need to know about getting divorced.
Legal requirements to divorce
Before filing for divorce, make sure that you two meet the residency requirements of a specific state. If one of you is serving in the armed forces, the filing may take place where the spouse is stationed. However, there are laws to protect active duty personnel from civil lawsuits.
Completing and filing a divorce petition
What kind of divorce do you want? You have to choose between “fault” and “no fault” divorce. If there is complaint of abuse or adultery, a fault divorce is the way to go. A summary divorce is the best practice if you do not have children or many assets. If you have children, you have to complete child support or child custody papers first. Seeking legal advice is the best idea since it is more likely to save your interest in the settlement.
Serving divorce papers
After serving divorce papers at court, you have to serve them on your spouse as well. This plainly means another adult will have to handover the papers to your spouse physically. If there is complaint of domestic violence, the police may do the job, without any fees. Otherwise, you can send a friend to submit the papers on your behalf.
Answering a divorce petition
Perhaps your spouse has served dissolution papers just recently. However, you still have the scope to inform the court of your wants. Following the deadline is a must though.
Mediation and settling a divorce case
Most of the divorces settle with an agreement that is suitable for both parties. To reach a feasible parenting plan and property settlement, many states ask for mediation. Even without entering a formal program, it is possible to take advantage of “collaborative” divorce or “alternative dispute resolution”. You can hire a specialist to reap the highest benefits from any sort of mediation.
Trial and appeals
In case of a trial, you have to show evidence, including witness testimony, to expect a property settlement in your favor. An experienced divorce attorney can work on your behalf to represent you on the court. There is also an option to appeal or modify a divorce judgment.