The Basics Of Filing For Divorce: Before You Consult A Lawyer
Find out the basic legal procedures required when filing a divorce

Many legal considerations enter into ending a marriage. While an attorney is technically not required for the process, an attorney’s skill and experience is often helpful to a person contemplating divorce or separation. Legal expertise can be especially beneficial in complicated cases in which one party is contesting the divorce or cases in which children or property settlements are involved.

A spouse must file a petition for divorce to start a dissolution proceeding. The petition, once known as a complaint, is served to the other spouse through delivery of document copies. Although there is strictly speaking no advantage to who gets to file the petition first, there might be some emotional or psychological advantages.

The summons commands the spouse to reply to the petition, which contains basic facts about the marriage. The petition contains specifications about what the petitioning spouse wants to get in the matter of a parenting plan, property division, and any financial support.

Once the petition is served, and depending on the petition recipient’s location, the spouse has twenty to sixty days to reply in writing to the petition. This response might include a counter-petition and includes the respondent’s position on the property division, financial support, and children.

The next step in many situations is to arrange temporary orders to order the conduct of the parties involved. Spouses might obtain temporary orders and the requests cover subjects such as residential arrangements for children, child support, financial support, payment of bills, and occupancy of the family home. If the spouses dispute over the temporary orders, a court heating might be required to settle the necessary requirements.

Immediate problems in a dissolution action are settled in a “show cause proceeding,” which can be requested by either spouse. This proceeding requires obtaining a court order that requires your spouse to show why you should not be granted the relief you are requesting. The court can also restrain your spouse from harassment, entering your home, taking the children out of state, disposing or damaging property, or incurring unusual amounts of debt.

In exceptional circumstances, other restraints might be imposed. A hearing is usually held after the “show cause order” is issued to decide most requests. All issues have to be settled for a case to be closed. A trial will be held if terms cannot be negotiated between spouses. The case does not have to go to trial if the terms of the dissolution are agreed upon by both spouses.

As the court signs a Decree of Dissolution of Marriage, the final stage occurs. Settlements negotiated are presented for approval by the court and signature. If the case requires a trial, the decision by the judge is recorded and signed by the judge. Neither party may remarry until the judge signs the decree.