Others might describe it as simple and others, very complicated, but you’ll never know when you get there because every divorce case differs. So, what’s the first step when you want to legalize your separation with your spouse?
Learn the basics of how the divorce process works by consulting a divorce lawyer. This way, you’ll be properly guided and even get expert advice about what you should do next and so on.
You might want to read the following basic elements on how divorce is being legally processed:
1. Filing a petition
The very first step when you decide to get divorced is to file a petition which either one of you can file. But take note of the advantages when you are the first one to file, make a research maybe.
The petition will contain the grounds of your divorce, which depends on the jurisdiction. Don’t be weary about the nature of these specific grounds because your lawyer will clearly explain every detail of it and tell of the available options.
Where to file for divorce?
The process of your divorce petition as well as the required documents varies depending on the state, county, or district. Therefore, you better hire a divorce lawyer who primarily practices in your area.
Also, when you need to answer divorce petition, ask guidance from your lawyer about how to properly fill out the paperwork and even the consequences if you fail to answer the petition. Moreover, when you are the first one to file for divorce, you must file proof of the service process to show that a copy of the divorce petition was given to the other party.
2. Requesting temporary orders from the court
Financial support and child custody are the most common temporary orders in a divorce. When you don’t have any source of income to support your basic needs such as paying for electric bills, or to buy groceries, you can request a court order. Same with child custody, where you can temporarily look after your children and also ask your husband or wife for child support.
Temporary orders are only effective until a full court hearing. When you are the first one to file a divorce, file it together with your temporary order. And if not, you should file your temporary order as early as possible.
3. Negotiating with the other party
If the opposing parties already agreed on all issues regarding their divorce, then, no need to undergo negotiation. However, if a conflict is not yet settled, both parties should try to negotiate their differences. If major factors such as child custody and visitation is not yet agreed, the court may order mediation to be conducted by a social worker or a court employee evaluating the children and parents.
4. Court hearing
Your divorce case will not go under trial if there is total mutuality between you and your spouse. Because if both parties cannot solve a certain issue no matter what method had been made, the court will take action to decide for it.
5. Order of dissolution
This phase is where your marriage totally ends and where the final decision of the distribution of properties, debts, child custody, support and other factors is declared as per approval of the judge.
Be fully equipped with the right knowledge and with the right people before you file for divorce lawyer annapolis md to avoid adding salt to the wound. Don’t be too hard on yourself and just seek the help of a divorce lawyer.
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