law

Steps Taken During a Divorce

Divorce is quite common throughout the world but especially throughout the United States. There are many marriages that tend to be short term, which leaves many people facing the reality of divorce. On your own, divorce can seem scary and very confusing which is why so many people hire a divorce attorney to help with the process.

There’s a lot that goes into divorce and many people don’t exactly know what to expect when the time comes, so let’s look at the steps that are taken during a divorce.

File a Divorce Petition

Whether or not each spouse within a marriage agrees on getting a divorce or not, one individual within the relationship needs to file a petition that legally ask the court to terminate the established marriage. In the petition the spouse needs to include several important pieces of information, such as:

  • Statement establishing that state residency requirements have been met by at least one spouse
  • The grounds, or legal reason, for the divorce

The court may also require additional information depending on the state that you live in, so pay attention to what is required when it is time to file a divorce.

Temporary Orders

When filing for divorce it is possible to request what is known as a temporary order, which can apply to child support, child custody, and also spousal support. These are often requested instances where waiting for the finalization of a divorce is not feasible.

Information will be requested from each of the involved parties before a decision is ruled on the application for temporary orders. This process is often much quicker and any temporary orders that are granted will remain enforceable until the divorce is finalized or until the court rules that they are not to be enforced.

Negotiate a Settlement

You will first need to wait for a response from your spouse once they have been served with the divorce petition, but until then you can and should work with a family law attorney Visalia CAprofessional to prepare for your legal battle. If you and your spouse have had trouble agreeing on things, you will need to reach an agreement together.

In some cases when parties cannot reach an agreement, a settlement conference will be scheduled by the courts which allows both parties along with their divorce attorney to meet and discuss the divorce case. Mediation may also be an option, bringing in a third-party to help both individuals resolve issues and come to some form of compromise.

Go to Trial

Not every couple will need to go to trial, but when you cannot reach an agreement you and your family law attorney Visalia CAexpertwill need to go to trial. Going to trial is often not ideal for many individuals due to how costly it is and how much time it takes. Going to trial also takes away the decision-making power that to individuals may have and gives it to the courts. You and your attorney will need to prepare greatly for the trial, but if possible you should avoid taking your case to trial.

These are all of the steps that are necessary in a divorce and once you’ve gone through everything the last thing that will happen is the finalization of your divorce.