Straight Answers Regarding the Divorce Process
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We at Straight Divorce believe in giving straight answers about various topics related to divorce. We understand that one of the hardest situations in life is going through the divorce process. For those who are eager for straight answers about important issues related to the process of divorce and for those who are deeply concerned about handling the situation correctly, this article will address some of the concerns that all divorcing people face.
Divorce is a Stressful Process
In today’s world, according to rough estimates, nearly 50% of all marriages end in divorce. And even though many people want out of their marriages, the divorce process is stressful for everyone involved. If you are thinking about divorce or are ready to file for divorce, you should be prepared by hiring a good divorce attorney who can help you through the process. Because there are so many variables to consider, a good divorce attorney can help you sort out the specifics and lead you in the right direction.
Straight Answers to the Divorce Process!
As a quick resource, the following are questions and answers often asked related to the divorce process. Remember, every situation is different and laws in each state are different, so it’s always best to consult with a divorce attorney before making any decisions.
Why is it so important to hire an attorney?
There are so many legalities that can impact on the end result of a divorce situation, particularly when it comes to child custody and division of property, so it’s really important to have a good divorce attorney on your side. Without an attorney you could very well make poor decisions or allow your spouse to make them for you. An attorney will protect your rights.
What are the basic steps involved in the divorce process?
A divorce begins when a divorce attorney prepares a divorce petition and then files the petition with the clerk of the court. Each state is different and therefore divorce cases are filed and heard in the district or family court in the state in which you live. Each case must be prepared according to specific legal requirements in your state.
What are some of the requirements of the divorce process?
A petition must include precise allegations and claims concerning the parties involved. It must also show the residence of each party and the number of children involved. The person filing the petition is the Petitioner while the spouse being served is the Respondent. If both partners file together, it is considered Co-petitioners. Once the divorce attorney prepares papers, the divorce petition is served on the Respondent.
What happens after the divorce papers are filed?
As soon as the petition has been served to the Respondent, they must respond within an allotted period of time in answer to the petition. A Respondent can deny or even disagree with any claims made in the petition. The Respondent may also file a cross-petition and make their allegations known.
Once the papers are filed, is the rest of the divorce process simple?
A lot depends on the complexity of the divorce and whether each party agrees on terms. Very often when young children are involved or there are debts, assets or property, couples don’t agree. In that case the divorce may be contested which makes it more complex if both parties can’t come to agreeable terms.
What if the Respondent doesn’t contest the divorce?
If the couple comes to terms on most issues, the proceedings will continue uncontested. In that way, the divorce will be less costly and it allows the partners to end their marriage with some dignity intact.
Can one divorce lawyer represent both parties?
For ethical reasons, in an uncontested divorce, the divorce lawyer you choose cannot represent both parties. The divorce lawyer should only represent one or the other party involved. No matter how friendly the two people involved in the divorce seem to be, a lawyer will advise you in regard to your best interests which isn’t usually in the best interests of your spouse.
What is a Collaborative Divorce?
This is an option that works only for couples that are in total agreement about everything. It is very rare and usually works in very limited circumstances as no litigation is involved. It is fast and inexpensive but total mutual agreement is the absolute prerequisite.
Is an uncontested divorce fast?
Yes, an uncontested divorce is much faster than a contested divorce, particularly when both parties are prepared with necessary information and both have agreed on the primary issues. If the intensity of conflict is low, an uncontested divorce will be over much faster. In an uncontested divorce, both parties must be willing to compromise.