The Legal Side of Divorce
While divorce can be an emotionally draining experience, even in the best of situations, it can also be a complicated legal matter that affects both parties equally. No matter how long your marriage has lasted or how few belongings you share together, it is also best to involve an attorney in your divorce proceedings. With out legal representation your rights could go unprotected and you could end up in financial trouble or even lose custody of your children or possessions. Once you have contacted an attorney for legal representation, he or she will walk you through the most common steps of a divorce. Depending on the circumstances revolving around your divorce, this process can either be very simple and straight forward, or very complicated and time consuming. The simplest divorces involve parties that have not been together very long, that do not have any children and that have very few, if any, shared items to divide. More complicated divorces come about from parties with a lot of mutually owned property, young children, and non-agreement on the proceedings. Non-agreement can include such things as differing opinions on how to split up property to bigger concerns such one party not wanting to agree to the divorce. The first step in any divorce is filing a petition to announce your intentions of divorce. Even if both parties want a divorce, only one party will file this petition. In the petition, you lawyer will list your reason for seeking divorce. He or she will also advise you on which reason is more acceptable for your situation. After a petition has been filed, your lawyer may suggest that you file a temporary order. A temporary order is usually filed for concerns about custody and child support where one party will need financial support or the guarantee of custody until final judgment is made. These orders are awarded within days of filing and stay in effect until the court hearing in your case. Once a person has filed a petition for divorce or any temporary orders, these petitions are served to the other party. Through this service, the other party is notified of all petitions against him or her and is given the chance to respond to the petitions. In mutually agreed upon divorces, the response is as simple as a comment acknowledging the petition. In cases of disagreement, the response may contain disputes covering anything from the grounds of the divorce to disagreements on the division of property, child custody or support. If there is no disagreement once a petition has been filed, then both parties will proceed without a trial to the dissolution of their marriage. However, if there are disagreements, further steps will need to be taken to sort them out. Depending on the type of disagreement, the court has many venues to use to help the parties reach agreement. In the case of custody battles, the court may order both parties to attend a mediation session where a third party can help them settle their difference. In some cases, the court might also order an evaluation with a social worker to ensure that any solution is in the best interest of the children. If the disagreement concerns monetary or property division, the court may order a conference for both parties that is overseen by a lawyer or a court employee. In this case the third party will work to help individual compromise while still holding onto their rights. If the parties still cannot agree on the terms or provisions of the divorce, a trial will be necessary. In a divorce trial, both sides will explain and defend their positions and then a judge will decide on all matters of grounds, property division, child custody and support. Once the judge has made his ruling an order of dissolution is granted. An order of dissolution legally ends the marriage and sets forth the legally binding terms for the end of the marriage. The terms include the judgments ordered on property division and child support. Since each divorce comes with individual concerns and many migrating circumstances, it is very important that you choose a competent and experienced lawyer to represent you and your interests. © 2005 LawyerVista, a website where you can find a lawyer in your city or state, including Hawaii divorce lawyers and Tennessee divorce lawyers. You may reprint this article as long as you don't alter or edit it in any way and include the author's credits and this copyright notice including a working link to us.
Related News
GMTV divorce expert held by police over 'false' claims husband ... - Daily Mail
Critics: No-fault divorce isn't a panacea - Newsday
Critics: No-fault divorce isn't a panaceaNewsday, NY -6 hours agoBY MELANIE LEFKOWITZ | melanie.lefkowitz@newsday.com When California became the first state to allow couples to divorce without accusing each other of ... |
Easy Soft Launches Divorce Financials Software for Tax Optimized ... - PR Web (press release)
Collins 'makes £25m divorce payout' - The Press Association
Donnie Wahlberg Headed for Divorce - E! Online
E! Online |
Donnie Wahlberg Headed for DivorceE! Online -Aug 18, 2008Donnie Wahlberg's wife of more than eight years, Kim Fey Wahlberg, has filed for divorce from the comeback-minded boy bander, citing the ever popular ... |
New Kids on the Block star to divorce - RTE.ie
RTE.ie |
New Kids on the Block star to divorceRTE.ie, Ireland -Aug 19, 2008News Kids on the Block star Donnie Wahlberg and his wife Kim Fey are set to divorce, according to court documents. People magazine reports that divorce... |
Donnie Wahlberg's Wife Files for Divorce - Bodog Beat
Donnie Wahlberg and Wife File For Divorce - TheCelebrityCafe.com
Donnie Wahlberg and Wife File For DivorceTheCelebrityCafe.com, NY -Aug 18, 2008Donnie Wahlberg and his wife, Kim Fey Wahlberg, are getting a divorce after a lengthy time together. As one can see in the summary of the piece, ... |
Retired UK lawmaker Leo Abse dies at 91 - International Herald Tribune
Lazenby hits back in divorce battle - The Press Association
|
|
 |
|
|
RELATED ARTICLES
Divorce and Uncle Sam: Top 10 Things You Should Know When Filing Your Taxes
1. What is my filing status? (Married, Single, Head of Household)
Marital standing at year end determines your filing status for the entire year. If you have a decree of divorce or separate maintenance, signed by a judge, you should file as single. Regardless of whether you have a signed decree you may be able to file as head of household. Filing as head of household may reduce your income tax obligation, but to qualify the following conditions must be met:
9 Steps to Regaining Self-Esteem After Divorce
Divorce is difficult at the 'best' of times. Even when a couple makes a combined decision to divorce, it can be extremely trying.
Anatomy of a Divorce: How it Really Works
The legal divorce vs. your real divorce
The legal divorce has very limited concerns: to get a judgment of divorce, you have to make arrangements for your property, your children, and support (if any). If you have a high degree of conflict, it is also about keeping the peace and protecting you, your children and your property. That's it; that's all the legal divorce is about.
The law is used to impose a decision in your case only when there is a disagreement that has been brought into court. If you can reach a fair written agreement with your spouse, you can get almost any terms you like without much reference to laws. But, where children are concerned, a judge might take a look at your terms to make sure they are reasonably well supported and protected.
All you get from your legal divorce is a piece of paper--a Judgment--with findings of fact and court orders on the above subjects. That's all. This is what all the fuss is about; this is what people go to attorneys for and spend tens or hundreds of thousands of dollars to get--a piece of paper with orders about peace, property, custody, and support.
You might think that a legal divorce will solve your problems, but it probably won't and it is critically important that you understand this so you don't expect too much from the legal divorce--or some lawyer--and set yourself up for frustration and disappointment.
Your real divorce is about ending one life and beginning another, then making it work--spiritually, emotionally and practically. The real divorce is about breaking old patterns, making a new life and seeking a new center of balance. It's about doing your best with the hand you've been dealt.
Understanding some basic things about how the real divorce works will help you enormously in dealing with yourself, your spouse and your list of practical problems.
How you feel is probably the most real thing in your life right now. Nothing else in your life is as real as your pain, your fear, your anger, hurt, guilt, tension, nervousness, illness, depression--whatever it is you are feeling.
The practical tasks you face are also very real: how to get by financially, how to rearrange the parenting of your children, what to say to family and friends, what to do next, and so on.
In your real divorce, then, you face these challenges:
Emotional: This is about breaking (or failing to break) the bonds, patterns, dependencies, and habits that attach you to your ex-spouse. It's about learning to let go of anger, fear, hurt, guilt, blame, and resentment. You learn about past mistakes so you don't have to repeat them. You develop a balanced view of yourself, your ex-spouse, and your marriage. You create self-confidence and an openness to new intimate relationships.
Physical: Our minds and bodies are not separate and life does not come in these neat boxes. Emotions--especially strong ones that are ignored, denied or repressed--are frequently expressed physically. During divorce, people tend to experience a lot of tension and nervousness. They get ill frequently and have accidents. This is a time when you must take extra good care of your health, pay close attention to your body, and be extra careful when driving.
Practical: This is about taking care of business on the physical plane--including the legal divorce. It's the nuts and bolts of what to do, where to go, and how to get there as you begin to build a new life for yourself. You need to create safety and security for yourself and your children; to make ends meet in a new life-style that produces what you need and needs no more than you can produce.
Going through major life changes--in other words, re-creating your life--is demanding, hard work, but it may be the most important thing you ever do. And, unless you decide to get counseling or go into therapy, the real divorce won't cost a dime!
This article was taken from the book Divorce Solutions: How to Make Any Better, which is full of practical advice on how to handle the issues described above. Learn more by going to Divorce Solutions.
Copyright 2005 Ed Sherman
Divorce Articles: How To Get The Most From A Divorce Article
There are many types of divorce articles available on the Internet by a variety of authors. What's below will help you get the most out of the divorce articles here on this site and anywhere else. The below information about divorce articles holds true for most any type of articles on the Internet as well.
7 Ways to Rediscover Your True Passion after Divorce
Going through a divorce is a very challenging time in a person's life. It is hard to adjust to being single again, as well as living "out of the habit" of being married, especially if you have been married for many, many years.
Reasons You Arent Starting the Decision Making Process About Whether To Get a Divorce Or...
Stay Married
Extramarital Affair: Should You Get A Divorce Just Because One Of You Had An Extramarital Affair?
Having to deal with an extramarital affair can be a life-changing event, regardless of whether you stay married or not. Inescapable feelings can come over both people who live through an extramarital affair that will never be forgotten by either of them. The person who actually had the extramarital affair can have feelings of guilt, loneliness, confusion and misdirection along with many other feelings. The 'partner' who did not have the extramarital affair can have these feelings as well, but the lack of confidence that can come as a result of the other person having an extramarital affair can be one of the toughest parts to deal with.
Houston Divorce Lawyer - West Houston Attorney Answers Common Questions About Mediation
If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not.
Spousal Emotional Abuse During Divorce--What You Can Do
Is your spouse violent, abusive, harassing? In cases of harassment or violence there are legal remedies and there are practical things you can and must do for yourself. This is not about reaching agreement--these are strategies for self-defense. Mental and physical abuse must never be tolerated.
The Heart Moves On: Using Ceremony to Mark the End of a Relationship
Divorce or the end of a long-term relationship is a particularly difficult experience because it makes you deal with two different sets of issues.
Divorce: Secrets To Coping With A Divorce Announcement
During a wedding ceremony, when people are joined together in
matrimony, they swear and vow to honor and respect each other
and to remain partners both during good and bad times.
What Are You Waiting For?
So, you've decided that you're no longer "a couple", but for whatever reason, you and your spouse have decided to stay together "for the sake of the children".
Advantages to Doing Your Own Divorce
There are many advantages to doing your own divorce. Three significant ones are: you'll get a better divorce, you'll save a lot of money, and you'll be able to keep things simple.
Choosing Your Divorce Method
The biggest mistake that people make when getting divorced is that they fail to plan. They simply decide to leave the relationship and then enter and ugly and expensive battle that ends up hurting everyone involved. There are some things that you could accidentally do that will make your divorce 100 time more miserable than it really has to be.
The Job of a Divorce Attorney
Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Divorce, or dissolution, as it is increasingly becoming known, is a process that legally terminates a marriage no longer considered viable by one or both of the spouses, and that permits both to remarry. All options for reconciliation are taken before a decision is made to go to a divorce attorney. But when everything fails, the divorce attorney takes over and the legal process of divorce takes place.
Healing Dysfunctional Families
In a recent article entitled "Some Evidence On How We
Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications.
Divorce, The Hardest Thing You Have To Do
Knowing What To Do In Divorce
Divorce Advice: Getting Divorce Advice From the Right Source
Getting the right type of divorce advice depends on what type of divorce advice you want and what you want to use it for. When looking for divorce advice, it is smart to clearly define what you are seeking the advice for so you can be sure to look in the right places.
Spare Your Kids To 7 Most Distressful Divorce Parenting Situations
What 7 most distressful situations to kids that divorced parents should avoid? Learn them to spare your kids from the painful consequences.
Divorce and the Stock Market
The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. Failure at anything is never pleasant, but there is one good thing about divorce. You are now free to try again and hopefully this time you will not make the same mistake.
|
