Are you filing for a divorce or already divorced? Do you have any children? Are you filing a case for child custody? Laws vary for every state in the US. If there are laws for legal requirements for valid marriage and divorce. Divorce is an unfortunate situation for many married couples. They come under family laws and it includes other controversial issues such as abortion rights and same-sex marriage. If you are looking for a law firm in New Brunswick, NJ, visit gvlawfirm.com for the best attorneys.
Couples who have been married for a short period of time, have no children and those who married for a long period of time, have children file a divorce case due to some misunderstanding between them. If both parties agree to the divorce and there are no conflicts between them, the divorce process will be quicker. If the couple applied for the divorce have fights and disagreements over anything and everything, the divorce process will be slower.
Filing a Petition with the Court
If the couple wants to get divorced, one of them can file a petition with the court asking for the divorce. It is the first step to apply for a divorce. The petition will define the grounds for the divorce and it varies depending on the jurisdiction. Two types of grounds such as fault grounds and no-fault grounds are allowed but it varies for jurisdictions. An attorney will explain everything in detail and help you decide which one to choose.
A person can depend on the other half for financial support. They may ask the court for temporary orders for the custody of the children. For example, if a stay at home mom files for a divorce, until the divorce is finalized she will need financial support from her husband to pay for the household bills and other bills. If the party wants to file both the petition and the temporary order, they should file them at the same time. If the party who does not file a petition wants to apply for the temporary order, they should file it as soon as possible.
File a Service of Process
Filing proof of service of process is the next step. This document is proof that a copy of a divorce petition was given to the other property. If the divorce is mutual, the party who filed a petition can arrange the service of process to the other party’s attorney.
Response and Negotiation
The other party who receives the service of process should file a response to the petition. The responding party can address in case if a divorce was sought on fault grounds while filing a response. He/ She can dispute the facts about property division, custody, support or any other issues in response. The parties can negotiate about the issues. The court will guide them in such cases.
The unsolved issues will be decided at the trial. A trial will take longer and costs more money.
Order Of Dissolution
When the parties negotiate their issues themselves, the order of dissolution will be drafted and submitted to the court. The order of dissolution ends the marriage legally. The property and debts divided.