The Legal steps of Divorce


While divorce can be emotionally difficult experience, even in the best of conditions, it can also be a hard legal matter that affects both parties equally. No issue how long your marriage has lasted or how few belongings you share together, it is top to involve a lawyer in your divorce processing. Without legal representation your rights could go unsaved and you could end up in financial issue or even lose custody of your kids or possessions.

Once you have contracted a lawyer of legal representation, he or she will walk you via the most general steps of a divorce. Depending on the circumstances revolving around your divorce, the procedure can either be very easy and straight forward, or extremely hard and time wasting.

The easiest divorce involve parties that have not been combine very long, that do not have any kids and that have very few, if any, shared items to divided. Most hard divorces come about from parties with a lot of mutually owned assets, young children and non-agreement. Non-agreement can contain such things as different opinions on how to split up rightly to bigger fears such one party not wanting to agree to the divorce.

The initial step in any divorce is filling a petition to announce your intentions of divorce. Even if both parties want a divorce, just one party will file this petition. In the petition, your attorney will list your reason for seeking divorce. He or she will also suggest you on which reason is more acceptable for your condition.

After a petition has been filed, your Law Offices of Evan Braunstein may advise that you file a temporary order. A temporary order is generally filed for concerns about child support or custody where one party will need monetary need or the promise of custody until last judgment is made. These orders are awarded within days of filling and stay in effect until the cost running your case.

Once a person has filed a petition for divorce or any short-term orders, these petitions are served to the other party. Through this service, the other party is informed of all petitions against him or her and is given the chance to react to the petitions. In mutually agreed upon divorces, the response is as easy as a comment acknowledging the petition. In cases of disagreement, the response may have disputes covering anything from the grounds of the divorce to disagreements on the division of child custody, property or support.

If there is no disagreement once a appeal has been filed,  then both parties will continued without a trail to the termination of their marriage. Anyway, if there are disagreements, additional steps will need to be taken to sort them out.

Depending on the kind of disagreement, the court has many venues to use to help the parties achieve agreement. In the case of custody wars, the court may order both parties to join a mediation session where a 3rd party can help them settle their difference. In some cases, the court might also order an evaluation with a social work to make sure that any solution is in the top interest of the children.

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