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.
Latest News
 Times Online | Leo Abse: MP who fought to reform homosexuality and divorce laws Times Online, UK - In 1962 he introduced his Matrimonial Causes and Reconciliation Bill, which would have allowed divorce after seven years’ separation, without either party ... Leo Abse Retired UK lawmaker Leo Abse dies at 91 Former Labour MP Leo Abse dies |
 Telegraph.co.uk | Collins 'makes £25m divorce payout' The Press Association - Rock star Phil Collins has reportedly paid out an estimated £25 million to his former wife in a divorce settlement. The Genesis drummer and singer announced ... Phil Collins' whopping divorce payout Phil Collins divorce payout beats Paul McCartneys Phil Collins sets divorce pay-out record |
Critics: No-fault divorce isn't a panacea Newsday, NY - BY MELANIE LEFKOWITZ | melanie.lefkowitz@newsday.com When California became the first state to allow couples to divorce without accusing each other of ... UI law touts gains in women, minorities |
Easy Soft Launches Divorce Financials Software for Tax Optimized ... PR Web (press release), WA - EasySoft™, an industry leader in law office automation software and services, today announces the launch of Divorce Financials, a new software product that ... |
 NEWS.com.au | Lazenby hits back in divorce battle The Press Association - Actor George Lazenby's divorce battle grew increasingly bitter as the James Bond star prepared his retaliation against claims he was an abusive alcoholic. ... 007 fights back: George Lazenby cites wife's nightly 'alcohol and ... Aussie 007 wants psych test for wife George Lazenby accuses Pam Shriver of relying on drugs |
 BBC News | Brit's divorce bill Sky News Australia, Australia - Breaking up is never easy, and if you're Britney Spears, it also comes with a hefty price tag. It's been revealed the singer's break up with Kevin Federline ... Lawyers Besiege Britney Spears for Unpaid Divorce Bills Britney Spears' legal fees Britney’s Expensive Dispute |
 BBC News | Donnie Wahlberg to divorce wife BBC News, UK - He and his wife, Kim Fey Wahlberg, have both filed for divorce, with Kim citing "irreconcilable differences". Wahlberg, 39, is preparing to go on tour with ... |
Donnie Wahlberg Files For Divorce Post Chronicle - by Staff Donnie Wahlberg has filed for divorce. The New Kids on the Block singer and wife Kim Fey filed papers on August 13, citing irreconcilable ... |
 RTE.ie | New Kids on the Block star to divorce RTE.ie, Ireland - News Kids on the Block star Donnie Wahlberg and his wife Kim Fey are set to divorce, according to court documents. People magazine reports that divorce ... |
Iraqi returns home rather than divorce second wife Windsor Star, Canada - COPENHAGEN - An Iraqi refugee ordered by Denmark to divorce one of his two wives if he wanted to stay in the Scandinavian country returned to his homeland ... |
Resources
-
Save Your Relationship, Save Your Marriage, Stop Your Divorce, Stop Your Break Ups, Broken Heart Adv
Save Relationship, Broken Heart, Breakup, Breaking up Advice, Save Marriage, Stops Divorce, Bring Back Lost Love
-
CivilFiles.com - Civil Records Online Lookup Services
Marriage, Divorce, Birth - Any Records!
-
Avoid The 10 Biggest Divorce Mistakes.
Find out how to avoid making common costly mistakes during Divorce and save thousands of dollars.
-
VooDoo Black Magic - ReUnite Lovers - Stop Divorce - Fix a Relationship - Try our Spell Consultation
VooDooBlackMagic.com can end Divorce and separation by reuniting lovers with our powerful combination love spells. Try our Spell Consultation services today and have your relationship fixed tomorrow
-
Infidelity! Cheating husbands? Cheating spouse? Extensive support for victims of extramarital affair
Cheating husbands... spouse? Extramarital Affairs, adultery and Divorce. Signs of a cheating spouse / husband. Surviving marital infidelity, extramarital affairs. Adultery sign. Free support forum, e-books, newsletter and more for victims ofd infidelity.
-
StopMarriageDivorce.com - Stop Divorce Today
Stop Divorce today with an important ebook by Katie Zaltmen. Included are effective tips she used with her existing clients.
-
Divorce Decision-Decide if Divorce is the answer
Breakthrough resource to help women who are unhappy in marriage make a careful decision.
-
Divorce Fees Savings
divorcingsecrets.com - Learn How Save Thousands on Your Divorce Lawyer Fees
-
Stop Divorce, Save Marriage, Marriage Counseling Advice
What to Do When Your Spouse Says: I don't love you anymore! Keep Your Spouse from Bolting & Buy Time to Improve Your Marriage.
-
Divorce Books, Child Support and Custody Information
Divorce Books to educate the consumer and cut your legal fees, with Divorce, child support and custody help and information, developed and written by Divorce lawyers and family law attorneys.