Category Archives: Dealing with Divorce

Dealing With Divorce: The Divorce Process, In Brief

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The divorce process, when broken down into steps, is pretty simple to grasp at first glance. Using information from Nolo.com, let’s look at the divorce process in brief.

 

The divorce process, in brief

The divorce process is as simple as both parties make it. Parties who agree to end their marriage by having one party file and initiate the process often have simpler divorce processes. If one party chooses to ‘blindside’ their soon-to-be ex-spouse, there’s a large chance the process will be prolonged. The process of divorce follows similar steps no matter how they’re carried out.

 

Filing the petition

This is the first step of the divorce process. One spouse holds the responsibility of filing the petition, even if they both agree to file the divorce. The petition generally states the grounds for divorce. The grounds usually vary between jurisdictions across the country.

 

Temporary orders

These orders are usually issued on certain conditions. The most common condition involves spousal support and child custody. Usually, one spouse is required to ask the court for a temporary order granting them support or custody if they require one, the other or both. Most temporary orders are granted within days, and usually remain in full effect before a court hearing. If the party who filed the divorce petition wants a temporary order, they should file both at the same time.

 

Service of process

The filing party also needs to file proof of the service of process. This document informs the filing party that a copy of the divorce petition was issued to the other party. In amicable divorces, the service of process should be issued to the other parties attorney, as it’s most appropriate.

 

The response

The opposing party, after they receive the service of process, needs to file an official response to the petition. If the responding party does dispute the petition, particularly if it was filed under fault grounds, they need to address that issue in their response.

 

The negotiation

If the parties can’t amicably agree on their issues, they need to enter negotiations to attempt to resolve their differences. The court gets involved in the negotiation process to help both parties move toward a final resolution of their issues. Sometimes, the court introduces mediation to attempt to resolve trickier issues like child custody or support.

 

The trial

If both parties can’t resolve their issues between themselves, their issues will have to get resolved by trial. Going to trial, however, often takes longer to resolve and costs more money. It’s also considered relatively unpredictable for both parties.

Order of dissolution

The order of dissolution essentially ends the marriage. It also lays out how the property, debts, custody, support and other matters will be divided between both parties. If both parties decide to negotiate and resolve their issues on their own, they draft the order of dissolution themselves and submit it to the court. For divorce trials, the judge usually issues the order of dissolution at the end of a trial.

Dealing With Divorce: Fees For Attorneys And Other Legal Aid

Legal fees are a mainstay of the divorce process, especially if the divorce is a contested one. And, unfortunately for one party, they might be responsible for shouldering all of the legal fees for themselves and their spouse.

Divorce and legal fees

Individuals who are the sole provider in their marriage may be permitted to pay legal fees for themselves and their spouse. Many courts come to this conclusion based on one reason: if you’re financially viable, you’re responsible for paying the fees.

Though, that party might not think that’s fair. However, it’s the result of common sense that makes that the inevitable conclusion in most cases. Sometimes, the other party can’t afford or are physically unable to pay for their legal fees. Since, at the time of the trial, both parties are still legally married, the providing spouse must take their legal fees if ordered to do so.

Interestingly enough, courts may order providing parties to pay fees if they chose to ‘run up’ those fees in pursuit of settling the divorce proceedings. Depending on the judge handling the case, the providing party may have to pay a portion or the entire share of their spouse’s legal fees.

There’s also the prospect of receiving their share of split or redistributed assets from their spouse. If those assets consist of money, there’s a possibility the providing party might have to recoup their legal costs by using those very assets. As you can see, paying for fees can be tricky.

It’s not that tricky to handle if the providing party seeks legal and financial help from qualified professionals. The problem with that is they may also have to pay for their assistance, too.

Seeking help from professionals

A divorce takes up time and money. That’s why it’s important for a provider to get professional help about managing their finances during the divorce. Though, there’s a catch.

When you work with an attorney or other form of legal aid, it takes a lot of time out of your life. Much of the divorce process involves completing and reviewing documents and other transmissions regarding your marriage and the divorce. When you think of it like that, you’re more or less paying to work with your attorney throughout the course of the divorce process.

That’s how the fees add up. And, those fees can double if you’re responsible for covering your spouse’s legal fees. But, if you seek help from professionals, they can help you figure out a way to deal with your financial situation throughout the divorce process.

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