Divorce, regardless of the circumstances, can be tough and unpleasant. After all, you are dealing with a lengthy legal procedure and emotional and financial difficulties. Nonetheless, while no two divorce processes are unique, most follow the same general framework – which an Andover divorce and family law attorney can help you with.
Types of divorce
Divorce may be classified into two types:
- Uncontested
The spouses agree upon all parts of the divorce, including property distribution and child custody. Spouses might agree in a variety of ways. For example, successful discussions occur in divorce litigation, mediation, and collaborative divorce.
- Contested
The couples cannot agree, and the matter proceeds to trial.
The divorce procedure varies based on the court and the intricacy of the case, but the following are the fundamental procedures.
Submit the divorce petition.
The divorce procedure begins with a divorce petition, which requires one spouse to fulfill the residence criteria for divorce in the state. These standards differ depending on whether the petitioner pursues an at-fault or no-fault divorce.
At-fault grounds include abandonment, adultery, infertility, impotence, emotional or physical abuse, criminal conviction, substance abuse, and mental illness. Incompatibility, irreconcilable conflicts, and irreparable breakdowns are examples of no-fault grounds. The court cannot accept the case until the spouses meet these requirements.
Obtain temporary court orders.
Courts recognize that waiting months for a divorce may be difficult, especially for stay-at-home parents who rely financially on their marriage. To resolve this, they might file for divorce and obtain interim orders for child support, child custody, and spousal support.
The court holds a hearing, collects information from both spouses and makes a decision on the request. The judge usually grants the temporary order, which remains in effect until the divorce is finalized.
Keep a copy of your proof of service.
When filing for divorce and obtaining interim orders, you must serve your spouse with the divorce documents and provide proof of service to the court. If your spouse is willing to divorce, the process is straightforward. If they do not want the divorce or want to make it more difficult, hire a licensed professional. The respondent must respond within the specified time or face a default judgment.
Reach an agreement
You must negotiate a settlement if you and your former spouse cannot agree on custody, support, and property division. The court may schedule a settlement conference where you, your spouse, and your attorneys discuss the case. Sometimes, the court may arrange mediation with a neutral third party to resolve the remaining issues. While not mandatory in some states, mediation can save time, money, and stress during the divorce process.