Steps Involved in a Divorce Settlement

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Written By Charlotte Miller

The divorce settlement may vary from state to state. However, the steps involved in a divorce are the same as following in a broader sense. A streamlined divorce settlement will simplify matters and pull the spouses out of marital entanglements, which is only possible by working together. 

Filing a Petition 

The first step toward separating for your divorce involves filing a petition. A spouse, husband or wife, must submit a petition to separate from their spouse. The petition does not require permission from the spouse. However, it will put the wheel in motion to dissolve a marriage.

  • The petition will communicate to the court the spouse wishes for a divorce
  • The petition will be analyzed according to family and divorce law
  • The petition will mention the reason for divorce.
  • Other information provided by the lawyer.

Reasons to get married may vary from state to state. However, all states offer no-fault divorce. The option does not require mentioning a particular reason for terminating the marriage.

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Temporary Orders

The waiting time is impossible for all petitioners, and the court understands that. Therefore, the court will provide temporary orders to relieve the situation. Sometimes six months can look like an eternity, so the issued temporary orders will mention child support and custody guidelines.

Waiting Game

Now you have to wait! You have submitted a request for divorce. The court has provided you with the necessary paperwork. These documents will mention the submitted documents meet the statutory requirements.

The process can be more straightforward, assuming the partner has agreed to divorce and terminate the marriage. However, that is not the case in all marriages. The cases take a long time to conclude if one spouse wishes to stay married. It can become complicated, leading to exhaustive resources.

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Submitting a Response

The person who answers the petition shall now be tiled as respondent or defendant. The court will provide the time to reply to the petition. If the spouse fails to respond in the time allotted, the court will issue a judgment against the non-responsive respondent.

It is expensive to rectify the silence. The response is the perfect opportunity to answer the claims or negligence made in the original divorce petition regarding property or custody disputes. The failure to submit an answer will further complicate the divorce process.

Negotiation 

The divorce will move forward when the opinions are opposite. These may be related to child support, custody, or property. The spouses must now work together to reach an agreement. The court will schedule a meeting for the lawyers and the parties to get together and settle matters in a sane manner. The petitioner and respondent can also opt for mediation to resolve matters outside of the court. It will save time and money.

Time To Finalize the Divorce!

Your patience and escrow have helped you reach the final step. A Houston divorce lawyer will provide you with the necessary guidance and resultant instructions regarding custody and property settlement. The lawyers will have you sign a divorce deed, and that is it!