The Legal Side of Divorce

While divorce can be an emotionally draining experience, even in the best of situations, it can also be a complicated legal matter that affects both parties equally. No matter how long your marriage has lasted or how few belongings you share together, it is also best to involve an attorney in your divorce proceedings. With out legal representation your rights could go unprotected and you could end up in financial trouble or even lose custody of your children or possessions.

Once you have contacted an attorney for legal representation, he or she will walk you through the most common steps of a divorce. Depending on the circumstances revolving around your divorce, this process can either be very simple and straight forward, or very complicated and time consuming.

The simplest divorces involve parties that have not been together very long, that do not have any children and that have very few, if any, shared items to divide. More complicated divorces come about from parties with a lot of mutually owned property, young children, and non-agreement on the proceedings. Non-agreement can include such things as differing opinions on how to split up property to bigger concerns such one party not wanting to agree to the divorce.

The first step in any divorce is filing a petition to announce your intentions of divorce. Even if both parties want a divorce, only one party will file this petition. In the petition, you lawyer will list your reason for seeking divorce. He or she will also advise you on which reason is more acceptable for your situation.

After a petition has been filed, your lawyer may suggest that you file a temporary order. A temporary order is usually filed for concerns about custody and child support where one party will need financial support or the guarantee of custody until final judgment is made. These orders are awarded within days of filing and stay in effect until the court hearing in your case.

Once a person has filed a petition for divorce or any temporary orders, these petitions are served to the other party. Through this service, the other party is notified of all petitions against him or her and is given the chance to respond to the petitions. In mutually agreed upon divorces, the response is as simple as a comment acknowledging the petition. In cases of disagreement, the response may contain disputes covering anything from the grounds of the divorce to disagreements on the division of property, child custody or support.

If there is no disagreement once a petition has been filed, then both parties will proceed without a trial to the dissolution of their marriage. However, if there are disagreements, further steps will need to be taken to sort them out.

Depending on the type of disagreement, the court has many venues to use to help the parties reach agreement. In the case of custody battles, the court may order both parties to attend a mediation session where a third party can help them settle their difference. In some cases, the court might also order an evaluation with a social worker to ensure that any solution is in the best interest of the children.

If the disagreement concerns monetary or property division, the court may order a conference for both parties that is overseen by a lawyer or a court employee. In this case the third party will work to help individual compromise while still holding onto their rights.

If the parties still cannot agree on the terms or provisions of the divorce, a trial will be necessary. In a divorce trial, both sides will explain and defend their positions and then a judge will decide on all matters of grounds, property division, child custody and support. Once the judge has made his ruling an order of dissolution is granted.

An order of dissolution legally ends the marriage and sets forth the legally binding terms for the end of the marriage. The terms include the judgments ordered on property division and child support.

Since each divorce comes with individual concerns and many migrating circumstances, it is very important that you choose a competent and experienced lawyer to represent you and your interests.

© 2005 LawyerVista, a website where you can find a lawyer in your city or state, including Hawaii divorce lawyers and Tennessee divorce lawyers. You may reprint this article as long as you don't alter or edit it in any way and include the author's credits and this copyright notice including a working link to us.

---

Dating Tips for Divorced and Widowed Moms

Dating is tough for just about everybody, but it's even... Read More

Divorce and Uncle Sam: Top 10 Things You Should Know When Filing Your Taxes

1. What is my filing status? (Married, Single, Head of... Read More

Contested And Uncontested Divorce

A divorce case is contested if the parties cannot agree... Read More

Too Many Divorces

My oldest boy asked me something the other day about... Read More

Surviving Divorce: What To Think About To Ensure Surviving Divorce

Surviving divorce can be a valid fear if you're contemplating... Read More

Two Hearts Are Now One

It is fitting that I should write this story on... Read More

Divorce--Overcoming the Obstacles to Agreement: Ten Steps

You're going to want to be working on your divorce... Read More

Divorce Makes Us Stronger

My friends call me the "Divorce Poster Child".At the age... Read More

Deciding on Divorce: How to Know You are Making the Right Choice

It's a well known fact that in this day and... Read More

Spousal Emotional Abuse During Divorce--What You Can Do

Is your spouse violent, abusive, harassing? In cases of harassment... Read More

Advantages to Doing Your Own Divorce

There are many advantages to doing your own divorce. Three... Read More

How to Use a Divorce Lawyer

You want three things in your divorce attorney: expertise in... Read More

Divorce--How the Legal System Works Against You

If there were no legal system, no lawyers and no... Read More

Women And Divorce: How Women Should Protect Themselves Financially Regarding Divorce

Women who believe a divorce is a possibility or who... Read More

How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce

An uncontested divorce is the most common type of divorce.... Read More

How Can Collaborative Law Be Beneficial In Your Texas Divorce?

Collaborative law is based on the realization that the commitment... Read More

Divorce, The Hardest Thing You Have To Do

Knowing What To Do In DivorceKnowing what to do when... Read More

Post-Divorce Alimony in Texas

This article provides a brief overview on Texas law concerning... Read More

Coping With Divorce Anger

Successfully releasing your anger will help you begin healing after... Read More

Marriage Seperation - A Practical Guide

Finance in marriage seperation is a very big issue particularly... Read More

Divorce Advice: Getting Divorce Advice From the Right Source

Getting the right type of divorce advice depends on what... Read More

Child Support: 5 Key Things Every Parent Should Know

There is no magic solution to getting issues surrounding child... Read More

Effects of Divorce on Children

When a couple decides their marriage is over, a tremendous... Read More

10 Ways to Keep Divorce Lawyers From Ruining Your Life

Everyone has heard the story (from friends, co-workers, and family... Read More

A Time of Grief and Healing After Separation and Divorce

I thought I would never feel the light of life... Read More

Deciding On Spousal Support

No matter which side you are on, spousal support is... Read More

Marriage - Divorce - Separation - How to Handle the Split Loyalties with Friends After Separation

We have all most probably encountered it at some stage... Read More

Grieving the End of Your Marriage, as You Know it

The pain of finding out that your partner is cheating... Read More

The Heart Moves On: Using Ceremony to Mark the End of a Relationship

Divorce or the end of a long-term relationship is a... Read More

Does Your Sexless Marriage Have You Thinking About Divorce?

If you are in a sexless marriage and are unhappy... Read More

Divorce and the Stock Market

The most recent statistics show that about 50% of all... Read More

Is Your Marriage Problem Severe Enough To Warrant Getting A Divorce?

Having a marriage problem can be agonizing especially if you're... Read More

Reasons You Arent Starting the Decision Making Process About Whether To Get a Divorce Or...

Stay MarriedAlong with any tough decision comes reluctance, especially when... Read More