You are having a turbulent marriage life and wanted to end it. Divorce is the solution. Divorce is the word used to describe the legal dissolution of a marriage. The party who files the petition is called patentiff. The petition for divorce is submitted with the country's clerk office. The friend of the court receives copies of the petition to facilitate development of local policies and procedures. The defendant or the other party may dispute some of the claims by plaintiff and the case is then contested in the court of law.
The consultancy of an attorney before breaking your plans to your spouse will be a wise option. By doing so you will have a complete set of legally protected steps to follow making your position stronger and safer. You need to speak every minute detail with your attorney, whether it is the matter of child custody or an issue regarding your rented accommodation. An initial consultation will allow you to ask questions, and an attorney can offer advice specific to your situation. It will help you to plan your moves strategically as well.
The attorney may also obtain a temporary order to maintain the similar status in relationship during the proceeding tenure of divorce. Child support and parenting time may be included in these orders.
The final judgment of divorce must include:
oResponsibilities and rights regarding the care, control and maintenance of minor children (Child custody)
oParenting time, ie will the child have contact with other party
oProperty Settlement, ie how shall the acquired property be divided
oFinancial obligation of other party towards the child
oWhat contribution, if any, should one party make to support the other, either permanently or temporarily? (Spousal support)
oRestoration of maiden name: can wife take back her maiden name
oWill the minor children be taken away from the present state by the custodian?
oWill the grandparents be allowed to meet the children?
oHow will the tax laws be considered in determining support and property matters? Will the parties consider college expenses?
In case of involvement of minor children, the court has to wait for six months following the time of submission of divorce petition. The friend of the court may intervene during this period, and sometimes the parties may reconcile.
After the completion of six months the case is scheduled for hearing before the Judge. In many cases, the matters are resolved and the court simply takes the testimony of one of the parties and grants the divorce. The dispute papers are called judgment of divorce. The judgment is prepared by attorney and is presented to the judge for his signature.
Important Tips for the People Seeking Divorce
oSeek consultancy of an attorney before breaking the news to your spouse
oCollect all critical information regarding the residual income and assets so you can calculate a reasonable figure for spousal and / or child support in the dispute settlement
oAssess your own earnings potential, learn about your family's financial holdings, assess the debt, and make photocopies of all the relevant records
oDetermine where you are going to live following the separation and figure out all expenses
oSave up money, build up your own credit and cancel charge cards, if any
oTake property that belongs to you and move it out of the house, and do not make any unnecessary purchases
oPick the right time to break the news to your spouse and children
