When a couple decides to get divorced, they may not be sure of what to expect. How does the process work? What will happen to our assets? These are just some of the questions that may be going through people’s minds when they are considering a divorce. In this article, we will discuss the basics of how divorce works in the United States. We will cover topics such as grounds for divorce, asset division and child custody. By understanding how the process works, you can make informed decisions about your own divorce case.
1. Talk to Your Partner
When considering a divorce, it is important to have an open and honest conversation with your spouse. Ending a marriage is a big decision and it should not be made lightly. This conversation include a discussion of the reasons why you are considering a divorce and what you would like to see happen during the process. It is also important to discuss any concerns you may have about the divorce process, such as child custody or asset division. If you can come to an agreement with your spouse, the divorce process will likely be much smoother. If you cannot come to an agreement the divorce process can become more complicated. Either way, it is important that you have an honest and open conversation with your spouse before making any decisions.
2. Find Yourself a Lawyer
When getting divorced, it is important to have a lawyer by your side. A lawyer can help you understand the process and protect your interests during the divorce. In addition, as this Divorce Lawyer in Greenville can help you negotiate with your spouse and come to an agreement on important issues. When choosing a lawyer, it is important to find one who has experience in family law. Your lawyer will be able to help you with issues such as asset division and child custody. They will also be able to represent you in court if a settlement cannot be reached. If you are considering a divorce, it is important to speak with a lawyer about your case.
3. File for Divorce
If you and your spouse have decided to get divorced, one of you will need to file for divorce. In most cases, the person who files for divorce is the petitioner. The petitioner is the one who starts the divorce case by filing a petition with the court. The petition includes information such as the names and addresses of both spouses, the date of marriage and the grounds for divorce. Your lawyer can help you with the paperwork and filing process.
4. Serve the Petition
After filing for divorce, the petitioner must serve the petition on their spouse. This means that the petitioner must give a copy of the petition to their spouse. In most cases, service is done by delivering a copy of the petition to your spouse in person. If your spouse cannot be located, service can be done by mailing a copy of the petition to your spouse last known address. Either way, the petitioner must make sure that their spouse receives a copy of the petition.
After serving the petition, the petitioner will need to file a proof of service with the court. This is to show that the spouse was properly served with the petition.
5. Respond to the Petition
After being served with a copy of the divorce petition, your spouse will have a chance to respond. They will have 21 days to file a response with the court. In their response. Moreover, they will state whether they agree or disagree with the grounds for divorce listed in the petition. They may also state whether they agree or disagree with any of the proposed asset divisions or child custody arrangements. If your spouse does not file a response within 21 days they will be considered to have agreed with everything in the petition.
Keep in mind that your spouse will likely also have a lawyer when responding to the petition. This is why it is so important to have a lawyer of your own. Your lawyer will be able to help you understand the response and what it means for your divorce case.
6. Negotiate an Agreement
If both spouses agree with each other on all of the issues involved in the divorce (grounds for divorce, asset division, child custody, etc.). They can skip this step and move directly to finalizing their agreement. However, most divorces are not this simple and require some negotiation between spouses.
In order to negotiate an agreement, both spouses will need to attend mediation or arbitration hearings. During these hearings, both spouses will have an opportunity to discuss their positions and come to an agreement on the outstanding issues. It is important to remember that these hearings are not court hearings and are not binding. This means that either spouse can walk away from the negotiation at any time.
If an agreement is reached, it will be put into writing and signed by both spouses. Once this happens, the divorce case can move on to the next step. If an agreement cannot be reached, the divorce case will go to trial.
7. Finalizing the Divorce
Once an agreement has been reached, the divorce case can be finalized. This is done by filing a divorce decree with the court. The decree will state that the marriage is dissolved and that all of the issues involved in the divorce have been settled. Once the decree is filed, the divorce will be official and both spouses will be single again.
Of course, even after the divorce is finalized, there may be some issues that need to be worked out between the spouses. For example, if one spouse does not make a required payment under the divorce agreement, the other spouse may need to take them to court to enforce the agreement.
So, that is how divorce works. It is a long and complicated process, but it can be made easier with the help of a lawyer. If you are considering getting divorced, be sure to speak with a lawyer to learn more about your legal rights and options. Divorce is never an easy decision, but sometimes it is the best decision for everyone involved.