Divorce First Step

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Divorce is an end of the marital bond of two individuals that is created with commitment and love. Any harm to this bond or commitment results in conflicts between a couple and ultimately in a dissolution of the union. As marriage is a legal affair, it is necessary to break it by legal way only. When a person decides to take divorce from his or her spouse, a detailed study about a dissolution of marriage is necessary. Here is brief information about how to take initial steps for dissolution of marriage.

Divorce First Steps involve finding a local attorney

  • Every divorcing partner is advised to find and hire a local lawyer before proceeding in the separation case. A lawyer can help you to file the case in a court and choose the type of divorce you wish to have
  • Some divorcing partners might have given a thought regarding do it yourself method for saving expenses regarding lawyer fees and courtroom costs. However, it must be understood that in the absence of a lawyer, who is conversant with family law in the particular county, the divorcing partner might miss opportunities to safeguard the property, family and self rights
  • Local lawyers know the divorce requirements and state laws. So, they can provide correct guidance regarding how a particular decision would affect the terms, length and cost of the case
  • The divorcing partner must take assistance from his or her lawyer in such a manner that the divorcing partner is not lagging behind in case of deadlines or submission dates
  • It must be known that on the basis of laws and the individual circumstances, a lawyer can charge variable fees. The divorcing partner should ask the lawyer beforehand regarding the fees that are expected. Lawyers accept fees on hourly basis or as a lump-sum amount before starting a case
  • If you want to avoid complicated legal procedures, you can check for alternative disputes resolution. These are the methods which help spouses to get separate peacefully without having court involvement

Divorce First Steps regarding ADR

  • In ADR, the divorcing partners along with their lawyers negotiate the terms of the termination. These persons try to resolve the issues like child support, visitation, child custody, property distribution and alimony They can take advantage of mediation process in which a mediator helps a couple to find solutions on marital problems
  • When a settlement is done, the issues regarding it are drafted and this written agreement is sent to the court. The court must approve order to continue the case
  • After approval from the court, the judge grants divorce to the couple officially after completion of waiting period. If any of spouses wants to convert it into a regular litigation, he or she can do so by filing an application for it
  • There are many options available for the alternative disputes resolution such as collaborative process, arbitration and mediation

First Steps about filing the Petition

There are certain stages of divorce which form a complete legal procedure. An applicant must ensure that the residency requirements and other documentation has been fulfilled before filing for a permanent separation. The steps for filing can be explained as below:

  • The first document that a divorcing partner should complete is a dissolution petition. This petition should be filed in the respective county court
  • The local lawyer would assist a partner to fill the petition otherwise a person can seek for a professional help available on-line
  • A petition is basically a formal complaint that comprises of the following information
    • Grounds essential for filing the divorce
    • Requests of the Plaintiff (divorcing partner who files the petition) regarding important issues like alimony, property division, support, child custody, etc
    • Identification of both parties and personal details like address, phone numbers and employment information
  • Prior to filing of a petition, the Plaintiff must ascertain that the state requirements (regarding any waiting periods and / or residency) have been fulfilled
  • The local lawyer may recommend that the Plaintiff may file temporary orders along with the petition. These orders remain in force till the divorce becomes final. These orders are related to issues like child custody, alimony or property division

These steps can vary according to the type of divorce, preparation of an applicant, situations between couple, etc. Though divorce procedure is a lengthy one, it can be made easy by proper management and legal guidance. Therefore, it is advised to introduce yourself a little bit before going through a process of legal termination of marriage.

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