How the Divorce Process Works
Divorce is hard work. You need to go through a complex legal process in addition to dealing with emotional and financial issues. Most people who get divorced follow the same basic steps.
This article shows you how the whole thing goes down. The divorce process starts with a petition for divorce. Both spouses must be residents of the state for at least 3-12 months and in the county for at least ten days to 6 months. The court will not accept the case until the two spouses meet these requirements. A legal reason for divorce is when two people decide to end their marriage. Divorce laws vary by state. Some states require both parties to be at fault before granting a divorce. Other states allow either party to request a divorce if they feel the relationship is over. Most states also require certain reasons for requesting a divorce. These reasons vary by state but may include adultery, infidelity, drug use, domestic violence, and even mental illness.
Temporary Orders are granted by the courts to protect children and spouses during separation. Courts typically act quickly to issue temporary orders, but they may take some time to rule on them. You can apply for a temporary restraining order if you want to stop your ex-husband or wife from contacting you. You can also get an emergency custody order if you need to take your children out of state.
Once you file for divorce and ask for temporary orders, you must give your spouse a copy of your divorce papers. You also need to file a document called proof-of-service with the court. This proof of service tells the court that you served your spouse a copy of all the legal documents you filed. Your spouse can then acknowledge receipt of those documents by signing a form. An attorney can help you get this done quickly and easily. Your spouse should retain an attorney as soon as possible. You can deliver the paperwork to the attorney's office. He/she will then send you copies of the papers. You should get them back quickly because failure to respond on time may result in a default judgment. You can also dispute the grounds for an "at fault" divorce, any allegations made by your spouse, decisions about child custody, property division, and financial support.
Temporary Orders can be issued by judges when spouses file for divorce. The order outlines what needs to happen immediately and lasts until the final divorce hearing takes place. Contempt of Court means jail time or fines if someone does not follow these orders.
Divorce negotiations are often contentious. You and your soon-to-be ex-spouse must reach an agreement regarding child custody, child support, and property division. A settlement conference might be scheduled by the court. Mediation is optional, but sometimes it's a helpful way to avoid lengthy litigation.
Divorce is expensive, time-consuming, and requires a lot of preparation. Mediation, Collaborative Divorce, Private Arbitration are better alternatives than going to Court.
Divorce trials are typically held before a judge. Both parties present evidence and call witnesses. The judge considers all the evidence and makes a final ruling. Divorce trials are expensive, time-consuming, and require a lot of preparation. There are many ways to resolve disputes without going to court. Mediation, collaborative divorce, and private arbitration are three alternatives to traditional litigation.
A judge orders the end of a marriage and determines custody and visitation rights. If the couple agreed to terms before going to court, then the judge wrote out those agreements as part of the order. Otherwise, the judge decides how to divide up the property and money.
A divorce can be emotionally and physically draining. It's important to understand the steps involved in a separation before taking any action. You should consult an experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, to help you navigate this difficult time. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.
A Certified Divorce Financial Analyst (CDFA) can give you advice about how to value assets and debts, divide retirement and pension accounts, as well as the tax implications of alimonies and property division.
Discovery is a legal mechanism designed to gather information about either party to a divorce. States and their laws may differ, but the following four steps are common. Disclosure requests are made by attorneys for both sides. Items requested include financial documents, medical records, and any other relevant information. Responses are due within thirty days. Interrogatories: These are questions sent by lawyers to the opposing side. The answers must be given within thirty days. Admissions of Facts: These are facts that are admitted. Request for production: These are requests to provide documents. Lawyers ask for these documents because they believe that they will help them win the case.
Divorce mediation can take place over several sessions. Mediators cannot give legal advice but only guide the parties through the process. Parties should seek legal counsel before and during the mediation session.
Divorce is a process that should be resolved peacefully. The court is the last resort, and if the two parties cannot come to an agreement, the judge will decide. Courts tend to favor one party over another. Both parties should focus on the bigger picture goal rather than engage in petty arguments. Most judges hand down orders within two weeks of the court date. Contact your attorney if you haven't heard anything after several weeks.
Divorce proceedings are often very expensive. Attorneys will charge high fees if you hire them. You may need to pay for your own attorney as well. Depositions are taken under oath, and anything said during this process can be used in court.