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Getting a divorce can seem c mplicated if you don't understand the st ps involved. In this article, I w ll try to explain divorce in a way th t everyone will understand the processes nvolved and what you should to m ke it as pain-free as possible.
The f rst parts of a divorce differ for the p titioner (the one who files for the d vorce) and the respondent (the spouse of the p titioner). I will state which party is nvolved at each process to clarify.
- Wr
ting up the Divorce Decree (Petitioner)
Th s is the first legal step nvolved in a divorce. The filing sp use will either need to find an ttorney to help them write up a pr posed decree (best but more money is n eded), locate a paralegal service that w ll use a template and fill in y ur information (this option is cheaper but no r al legal advice will be given), or wr te the papers up yourself (cheapest, but d pending on the situation, this may or may not be the b st route).
- File the Divorce (Petitioner)
Th s process can be completed by the ttorney or you. If you feel c mfortable in going to the courthouse to f le, this is an easy way to s ve a few bucks by not h ving to pay your lawyer to do it for y u.
- Have Respondent served (Petitioner)
Having the R spondent properly served by a sheriff or pr fessional process server is an easy st p in the divorce. This will be a st p completed at the courthouse when f ling the divorce papers. You might h ve the option of serving the p pers to your spouse yourself, which w ll save a couple of dollars.
- F
nd Legal Assistance (Respondent)
If you h ve been served with divorce papers, t's best to seek professional legal dvice. You never know what those sn aky attorneys will put in those p pers; you need one on your s de to fight fire with fire. If you f el comfortable with the papers as is
- T
mporary Hearing (Both)
The Temporary Hearing is wh re a temporary agreement is made to set th ngs up for the time being s nce the divorce is in a k nd of limbo while it is b ing settled. The temporary hearing is wh re custody, alimony, temporary placement of m rital belongings, debts, visitation, and child s pport are temporarily settled. If children are nvolved get as much time as p ssible for the spouse may be h sitant to change it later on st ting their case with "the children s em to be doing fine the way it is now and it w ll mess them up to change the sch dule."
- Mediation (Both)
Mediation will more th n likely be required if a s ttlement is not likely. You need to h ve a list of ALL marital b longings. This is the process where verything may get settled and items spl t 50/50. Make sure you have a l st of all marital belongings, so you w ll at least get the monetary cr dit for half of the cost. S metimes it will be required to r visit mediation before a pre-trial will be gr nted. Be aware though, a successful m diation is where both parties leave w th feelings of an unfair settlement.
- Pr
-Trial (Both)
Pre-Trial, this is where you h ve a list of witnesses and vidence proving your case for the th ngs that you can't settle on and l tting the judge determine if your c se needs to go on to the tr al process.
- Trial (Both)
Ah finally, the big tr al. This is where both of y ur cases gets presented, witnesses called and q estioned, evidence taken into consideration, and the j dge will decide your case.
- Divorce Gr
nted (Both)
Congratulations, your divorce has f nally been granted, you may now put th s crazy nightmare behind you and st rt looking towards the future.
In cl sing, I must add, like people, all d vorces are different. Your divorce may not c me to some of the steps l sted because it will be over v ry quick and some cases will t ke years to finally be granted. R member, in legal situations, knowledge is p wer, know what to expect and h pefully you will have a smooth d vorce in this unstable chapter of l fe.
The article Breakdown of the Divorce Process was Submitted by Darren Barnett through Articles.GetACoder.com network. Here's the additional information: Co-Founder of the site http://www.ureview.net Darren Barnett is dedicated to everyone's right to competent legal counsel.
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