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divorce filingAfter an individual has decided that divorce is imminent, filing for divorce through the court system is one of the first steps in the divorce process. The specific laws on filing for divorce are different in each state. Therefore, it may be in a person''s best interest to seek legal help when filing for divorce. Filing for divorce involves one party submitting a Petition for Divorce or a Petition for the Dissolution of Marriage. This document is presented to the court to request a divorce by stating the legal grounds that justify this relief and possibly the evidence for these legal grounds.
The acceptable legal grounds in filing for a divorce vary by state. Most states have “no-fault” grounds for divorce. This means that filing for divorce does not require an accusation of blame against one party in the dissolution of the marriage. Government statistics from 2002, state that the legally cited reason for eighty percent of all divorces is “irreconcilable differences”.
Many states also have additional grounds that you can cite in filing for divorce. Each state has a different set of legal grounds but many include: adultery, cruelty or inhume treatment, abandonment, incurable insanity, drug or alcohol abuse, impotency, felony conviction, and a period of consistent separation between the husband and wife. In these cases, providing the court with evidence of your legal grounds in filing for divorce may be required.
When one party files for divorce the other is served with the divorce papers. This document outlines the provisions that have been proposed by the party filing for divorce. This may include a number of provisions regarding the division of marital assets and debts, spousal support, and other settlements. The respondent has the choice of whether to contest the proposed terms of the divorce or to agree to them. There is often a waiting period between filing for divorce and the final legal divorce judgment. If the respondent contests the proposed divorce terms, mediation or a court proceeding will follow in order to negotiate the final terms of the divorce.
When children are involved in a divorce, the process of filing for a divorce is different. After the initial Petition is filed with the courts, temporary custody orders or child support orders may be issued by the courts until final decisions have been reached in these respects. If violence or abuse has been involved in the marriage, a temporary restraining order may be issued to protect one spouse. These court orders are temporary arrangements made until final arrangements have been legally established.
Often times filing for divorce can be a complex procedure. A qualified and experienced lawyer can help protect your legal rights and interests in a divorce case, whether you are filing for divorce or being served with a divorce. Divorce attorneys know the laws that apply to divorce in your state and know how to protect and maximize your legal interests when filing for divorce.
The cold fact that half of all marriages taking place in the U.S. today will end in divorce has many people wondering whether these millions of divorcing Americans...
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