Divorce Court Procedures
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Following certain court procedures are mandatory to resolve any legal matter. Divorce in USA is no exception. Since, every state in the US has formed separate divorce laws, the proceedings also differ according to the variation in laws. If you want to get rid of your married relationship legally, you must abide by the state laws so that you do not face any obstruction once the divorce court procedures start. These start with the petition is filed and ends when the judge signs the order.
The divorce procedures start when the "Original Petition for Divorce", also called as "Letter of Complaint" in some states, is filed with the local court clerk. This document identifies the partners involved in the divorce and their children, if any. The grounds for divorce are also mentioned. If the Petitioner feels that he or she is due for some relief, this is also included in the document.
In this article we are going to throw light on the various phases of court procedures that illustrate what happens after filing the petition, procedures regarding discovery, final phase of the procedure and the process of appeal.
Divorce Court Procedures after filing the Petition:
Once, you are ready for your documents and file for a petition, you need to follow certain steps as mentioned below:
Divorce Court Procedures about Discovery:
Discovery process includes collecting information about the opposite party. Broadly speaking, there are 5 steps in this procedure and possibly some of those may become a part of your divorce process. These 5 steps are as follows:
Final Phase of Divorce Court Procedures
In the final phase, the judge orders for a divorce mediation which is very important because if mediation fails, then the trial will begin and you will not get a further chance to mutually resolve issues.
Mediation is a divorce process in which both divorcing partners and their lawyers assemble and talk regarding the conflicting issues and work towards developing an agreement that satisfies both parties.
If mediation fails to draft an agreement, then the trial stage begins. The Judge examines what both the partners have to say in their defense, what evidences are being put forth and then arrives at a decision regarding all conflicting issues. The final Decree contains of all the decisions made by the Judge and the Judge eventually signs it, to make the decision final.
The process of Appeal
If any divorcing partner is dissatisfied with the decision made by the Judge, he/ she can file a motion to appeal the order in a higher court.
This discussion is only a brief highlight of the major divorce court procedures. Divorce court procedures may last from 4-8 months and the duration can exceed depending on the complexity of the case and the number of issues to be solved. You must understand all these and hire a professional lawyer who will guide you throughout the whole process.
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