Divorce processes vary depending on the parties and condition of the parties divorcing. In a situation where the divorcing couples are not married for a long time, have few debts and properties and have no kids the process is not tedious. However, where the divorcing parties are married for many years, have a significant amount of properties and several children the process may be cumbersome. Below are things that happen during a divorce and why it is imperative to rely on competent lawyers such as a divorce attorney Berkeley CA.
The first thing you should think of when you want a couple separation is to file a petition. In this case, one of the parties involved should be the one filing the petition even if the two parties agree to have a couple separation. Your lawyer will be the one guiding you on whether to file for separation on fault ground or not for the grounds of the couple separation will depend on the jurisdiction.
The spouse who wants to get the custody of the children or relies on the other for fiscal support will have to ask the court for orders that are temporal for support as well as custody. This means that if a housewife files for a couple separation, she will need monetary support from the husband to take care of the household bills.
When you ask for a temporary order, it will be granted within a few day and usually take effect until the court hearing. This is why you should make sure that you file the temporary order when you are filing for the couple separation, and if you fail to do so, you should ensure that you file the temporary order right away.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
The spouse who is given the service of the process will need to then file the response to this petition. If the couple separation was arranged on fault grounds and the responding spouse wants to disagree with these grounds will need to address them. The spouse responding may choose to disagree with the grounds claimed to be the reason for the couple separation or they may choose to look for a defense on the grounds.
In case the separating parties fail to agree on different issues, it is important to discuss their differences. The court might organize settlement conferences which try to move the separating couple towards a certain resolution on the issues. The court might order mediation, particularly where the couple fails to agree on certain issues.
When it comes to the order of dissolution, it ends the marriage and spells out the on how the debts, property will be divided, custody and support and any other issue. The parties will draft the order of dissolving the union and submit it to the court when they are through with the negotiation. The judge will approve the dissolution if it complies with the legal requirement and the two parties enter into it knowingly and willingly.
The first thing you should think of when you want a couple separation is to file a petition. In this case, one of the parties involved should be the one filing the petition even if the two parties agree to have a couple separation. Your lawyer will be the one guiding you on whether to file for separation on fault ground or not for the grounds of the couple separation will depend on the jurisdiction.
The spouse who wants to get the custody of the children or relies on the other for fiscal support will have to ask the court for orders that are temporal for support as well as custody. This means that if a housewife files for a couple separation, she will need monetary support from the husband to take care of the household bills.
When you ask for a temporary order, it will be granted within a few day and usually take effect until the court hearing. This is why you should make sure that you file the temporary order when you are filing for the couple separation, and if you fail to do so, you should ensure that you file the temporary order right away.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
The spouse who is given the service of the process will need to then file the response to this petition. If the couple separation was arranged on fault grounds and the responding spouse wants to disagree with these grounds will need to address them. The spouse responding may choose to disagree with the grounds claimed to be the reason for the couple separation or they may choose to look for a defense on the grounds.
In case the separating parties fail to agree on different issues, it is important to discuss their differences. The court might organize settlement conferences which try to move the separating couple towards a certain resolution on the issues. The court might order mediation, particularly where the couple fails to agree on certain issues.
When it comes to the order of dissolution, it ends the marriage and spells out the on how the debts, property will be divided, custody and support and any other issue. The parties will draft the order of dissolving the union and submit it to the court when they are through with the negotiation. The judge will approve the dissolution if it complies with the legal requirement and the two parties enter into it knowingly and willingly.
About the Author:
If you are looking for information about a divorce attorney Berkeley CA locals can come to our web pages online today. More details are available at http://tbhmediation.com now.