How Does The Divorce Process Work?

by Legal Published on: 28 August 2023 Last Updated on: 04 October 2023

Divorce Process Work

A divorce is a painful event where both spouses have to separate legally and continue with their lives. Thus, amidst all the rows and issues going on in the States, the divorce rate can incredibly go down, with 6.9 couples out of 1,000 couples opting for divorce.  

Yet separation is the right way if you people can’t live happily under the same roof. Marriage, a complicated affair, eventually takes a toll on couples and lets them rethink their lives and position in the marriage. 

Therefore, today, we will educate couples looking to abstain from their marriage duties and seeking to go elsewhere. That is why if you are hesitant to apply for a divorce and don’t know how to file an application in court. 

Let me help you with that.   

A Step By Step Guide To The Divorce Process 

Here is the guide to help you overcome your financial and emotional challenges during the divorce. Hence, here are a few steps for you to follow – 

 1. Register The Divorce Petition

Step 1: File The Divorce Petition 

The very essence of the divorce procedure begins with filing a petition for divorce. In the first step, any spouse can approach the court and register a legal petition seeking termination of their alliance.

Moreover, you might have to include the following in the petition –

  • Precise documentation and proof that one of the spouses lives within the perimeters of the state and has lived in the state’s residency for more than three to twelve months.
  • In the statement, one spouse should give a valid yet lawful reason for seeking divorce. Legal issues might consist of criminal conviction, emotional and physical abuse, abandonment, infertility, adultery, mental illness, and impotence. 
  • Further, there is additional data required by the state that should be present in the petition. 

 2. Ask For Temporary Court Orders 

Judges do not insist on giving judgment regarding divorce right away. Therefore, courts understand the situation of spouses and give temporary orders, which can ease the plight of tension between spouses.   

This is evident if you are a parent who stays at home and is responsible for kids. The other spouse takes care of the responsibility in the financial aspect. Then, the court can issue child support. Sometimes, the court can give temporary orders about the custody of the child and spouse support after they file for a divorce.

This way, the court can hold the proceedings, gain knowledge on both spouses and then pass a hearing on the matter of the request. Mostly, judges are quick to react to the temporary order and grant most of them.

3. Register A “Proof Of Service” 

While filming for a temporary order, you ensure that you have proof of the events. Otherwise, courts may reject your plea. Therefore, you need to submit a file document called proof of service to the courts.

The judges can only proceed with the case if they have proper file proof. After that, it is a direct yet multi-faceted process where courts understand the issue and grant temporary orders.

There is a catch, and it lies when the other spouses refuse to agree to divorce, which can make the divorce messy. Therefore, you should hire a professional, and in this regard, Divorce attorney Bakersfield can serve you the best. They are appropriate for legal settlement. 

As soon as you submit the file, the other spouse can respond to the petition and present their own opinion. For this, they must respond within the given time frame; if they do not, it will become default judgment. They can challenge child support, property differences, economic support, etc.

4. Settle On A Common Settlement

Step 4: Negotiate A Settlement 

This is the stage where you sit with your spouse along with the lawyers, where you begin to discuss the matters of financial support and property division. Courts can program a settlement conference, where you and your spouse discuss the issue. 

At times, the court can plan mediation along with a third party who helps the couples to solve their divorce-related issues. Even some of the states in the USA mandate mediation to solve those issues, even when it’s not required. 

In other ways, it is advantageous because it can save you some stress, time, and money that is often involved with the settlement process. Further, it offers great help for the judge to proceed with the hearing and pass on a judgment. 

This is the stage when the couples cannot settle the case during negotiation. Therefore, they have to go to the courts to fix it. Mainly, it is the process where you have to stand in front of the judge and jury, who will offer their judgment on the case. 

In trials, issues like child guardianship, economic support, property division, along other problems are typically resolved. 

Here, you have to stand in front of the judge and jury, who listen to the testimonies given by both parties and then share their final verdict. 

Note: Trails are expensive affairs, as they go on for days, months, or even years, which can put pressure on financial earnings. Further, there is a question of time, as the trial is a long process, and judges take time to offer judgment on the case. Thus, you have to wait for a longer period of time. 

Step 6: The Final Verdict 

It is the last step of the divorce procedure, where the judge and jury offer their opinion on the matter after hearing all the parties, noting their testimonies, and going through all the proof. The court finally delivered the verdict by keeping both sides in mind. 

In this, marriage legalization is dissolved, and courts settle all the custodial matters, especially on the child and spouse support, as well as the cataloging of debts and assets. 

This only happens when the divorce case gets on trial and the attorney general of the spouse files the lawsuit in court. 

When To Call A Lawyer?

In various states, there is absolutely no need to hire a divorce attorney. But it’s best to protect your interests along with being on the safer side, legally. A lawyer’s assistance should always be included if there is a history of child abuse, domestic violence, or such heinous crimes. If you are not too sure about when to call a lawyer, talk to a professional! This might help you out.

It Is A Very Emotionally Challenging Process 

Often, when the cases go on trial, some issues arise that can make the problem an emotionally challenging one for a spouse to take in. Further, it also has a sustainable effect on financial earnings. 

Therefore, if you are looking for files, I have mentioned the steps for you to follow. 

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With an adept skill of curating content on multiple genres, Mony has harnessed success as a Content Writer. Find her sharing profound thoughts and opinions on business and startups. She also loves talking about lifestyle, beauty and fashion.

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