 |
 |
 |
           |
 |
 |
 |
|
 |
 |
|
|
|
 |
The Legal Side of Divorce
While divorce can be an emotionally draining experience, even in the best of situations, it can also be a complicated legal matter that affects both parties equally. No matter how long your marriage has lasted or how few belongings you share together, it is also best to involve an attorney in your divorce proceedings. With out legal representation your rights could go unprotected and you could end up in financial trouble or even lose custody of your children or possessions. Once you have contacted an attorney for legal representation, he or she will walk you through the most common steps of a divorce. Depending on the circumstances revolving around your divorce, this process can either be very simple and straight forward, or very complicated and time consuming. The simplest divorces involve parties that have not been together very long, that do not have any children and that have very few, if any, shared items to divide. More complicated divorces come about from parties with a lot of mutually owned property, young children, and non-agreement on the proceedings. Non-agreement can include such things as differing opinions on how to split up property to bigger concerns such one party not wanting to agree to the divorce. The first step in any divorce is filing a petition to announce your intentions of divorce. Even if both parties want a divorce, only one party will file this petition. In the petition, you lawyer will list your reason for seeking divorce. He or she will also advise you on which reason is more acceptable for your situation. After a petition has been filed, your lawyer may suggest that you file a temporary order. A temporary order is usually filed for concerns about custody and child support where one party will need financial support or the guarantee of custody until final judgment is made. These orders are awarded within days of filing and stay in effect until the court hearing in your case. Once a person has filed a petition for divorce or any temporary orders, these petitions are served to the other party. Through this service, the other party is notified of all petitions against him or her and is given the chance to respond to the petitions. In mutually agreed upon divorces, the response is as simple as a comment acknowledging the petition. In cases of disagreement, the response may contain disputes covering anything from the grounds of the divorce to disagreements on the division of property, child custody or support. If there is no disagreement once a petition has been filed, then both parties will proceed without a trial to the dissolution of their marriage. However, if there are disagreements, further steps will need to be taken to sort them out. Depending on the type of disagreement, the court has many venues to use to help the parties reach agreement. In the case of custody battles, the court may order both parties to attend a mediation session where a third party can help them settle their difference. In some cases, the court might also order an evaluation with a social worker to ensure that any solution is in the best interest of the children. If the disagreement concerns monetary or property division, the court may order a conference for both parties that is overseen by a lawyer or a court employee. In this case the third party will work to help individual compromise while still holding onto their rights. If the parties still cannot agree on the terms or provisions of the divorce, a trial will be necessary. In a divorce trial, both sides will explain and defend their positions and then a judge will decide on all matters of grounds, property division, child custody and support. Once the judge has made his ruling an order of dissolution is granted. An order of dissolution legally ends the marriage and sets forth the legally binding terms for the end of the marriage. The terms include the judgments ordered on property division and child support. Since each divorce comes with individual concerns and many migrating circumstances, it is very important that you choose a competent and experienced lawyer to represent you and your interests. © 2005 LawyerVista, a website where you can find a lawyer in your city or state, including Hawaii divorce lawyers and Tennessee divorce lawyers. You may reprint this article as long as you don't alter or edit it in any way and include the author's credits and this copyright notice including a working link to us.
MORE RESOURCES:
Divorce - Google News |
|
|
|
RELATED ARTICLES
Five Christmas Survival Tips For The Divorced & Single Parent For the over 50% of marriages that end in divorce, Christmas can be a hugely trying time.Since the season is one of the most stressful times of the year anyway, this onslaught of raw emotion to the divorcee can be overwhelming. The Job of a Divorce Attorney Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Spare Your Kids To 7 Most Distressful Divorce Parenting Situations What 7 most distressful situations to kids that divorced parents should avoid? Learn them to spare your kids from the painful consequences.1. Divorce and the Stock Market The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. Seven Sets of Documents You Need For Your Divorce Even if you believe your case will ultimately be agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry. Divorce Makes Us Stronger My friends call me the "Divorce Poster Child".At the age of 20 I was married, and by 22 I had our first child. Divorce and Separation - A Child's Perspective It is always the children that suffer the most when a marriage breaks down and separation or divorce is imminent. Children of divorcing parents often witness arguments even rows and this has a strong effect on any child. Healing Dysfunctional Families In a recent article entitled "Some Evidence On How We Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications. Coping With Divorce Anger Successfully releasing your anger will help you begin healing after your divorce. Right now you may feel a great deal of rage at your ex-husband. Cheating Husbands - Meeting Needs? Husbands cheat on their wives for many reasons. They could be bored with their lifestyle and feel that they need to do something exciting or they could be having a midlife crisis. Advantages to Doing Your Own Divorce There are many advantages to doing your own divorce. Three significant ones are: you'll get a better divorce, you'll save a lot of money, and you'll be able to keep things simple. Divorce: Secrets To Coping With A Divorce Announcement During a wedding ceremony, when people are joined together in matrimony, they swear and vow to honor and respect each other and to remain partners both during good and bad times.But in most marriages, this is not always the case. Reasons You Arent Starting the Decision Making Process About Whether To Get a Divorce Or... Stay MarriedAlong with any tough decision comes reluctance, especially when that decision involves an actual process and might potentially involve emotional pain or anguish. Deciding whether or not to get a divorce or stay married can be a frightening time for most people, even if they know deep inside themselves that they have to actually make a decision, one way or another. Does Your Sexless Marriage Have You Thinking About Divorce? If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural. Surviving Divorce: What To Think About To Ensure Surviving Divorce Surviving divorce can be a valid fear if you're contemplating getting a divorce. In order to ensure surviving divorce, you should first understand that your divorce decision shouldn't be taken lightly. Two Hearts Are Now One It is fitting that I should write this story on Valentines Day, for this is a story of two broken hearts; healed and mended, then melted together as one--in an instant. This is a story of True Love. Steps Toward Divorce When you're faced with the possibility of divorce it's important that you make sure you and your children (if you have any) are taken care of. Before you even visit the attorney you'll want to assess your financial situation. Hidden Divorce Costs Divorce has become part of life in the 21st century. The stigma of being divorced that once existed no loger exists. Divorce -Is It Lawful? The question of divorce and its lawfulness is of long standing. The law-makers of our day have tried to answer the question. Get Over A Divorce and Prepare for Divorce Recovery! It can be difficult to get over a divorce and cope with a divorce when you are in pain. A ton of emotions and indecisiveness consumes you.
|
 |