How Does Divorce Work?
Divorce is a difficult road for any couple. Naturally, no one gets married thinking they will someday get divorced. Unfortunately, severing a marriage is a part of life in today’s society, with more than 50% of marriages ending in divorce according to the latest statistics. If you’re one of those considering divorce, you’re likely wondering what the process will be like and what steps you should take next. First, you may want to contact a family law attorney in NJ in order to get a better idea of what’s in store. A top family law attorney near you will be able to walk you through the process. You also may want to read up on how divorce works before making that final decision. Though the divorce process, as well as divorce laws, vary from state to state, here is some basic information on how divorce works that may help guide you through the process and may even assist in determining whether divorce is the best path for your situation.
Legal Separation
Not all states permit the interim situation of legal separation, meaning their laws only see you as married or not married. If you live in a state that permits you and your spouse to legally separate, this will be a provisional period in the marriage wherein one spouse likely will leave the family residence. In such a situation, your attorney can petition the court for what is called a separation agreement which is designed to protect both parties’ interests to ensure legal responsibilities are met. Family law lawyers can help you determine where you stand on this law. If your state does not permit legal separation, connect with a family law attorney in your area to determine the next step according to your state’s laws.
Divorce petition
The next (or first) step is to file an ‘Original Petition for Divorce’ or also called a ‘Letter of Complaint.’ Your lawyer will file this with a local court clerk, requesting that a divorce be granted by the court. The petition will identify involved parties which will include both spouses as well as children. If you’re the party filing for the divorce, you will need to identify a reason for such as part of the document such as ‘irreconcilable differences.’ If you are the party filing the petition or letter, you will be identified as the ‘petitioner’ with your spouse the ‘responder’ or ‘defendant.’ This document will be served upon your spouse, who will have a specified amount of time (typically 30 days) to respond.
Legal Separation
Not all states permit the interim situation of legal separation, meaning their laws only see you as married or not married. If you live in a state that permits you and your spouse to legally separate, this will be a provisional period in the marriage wherein one spouse likely will leave the family residence. In such a situation, your attorney can petition the court for what is called a separation agreement which is designed to protect both parties’ interests to ensure legal responsibilities are met. Family law lawyers can help you determine where you stand on this law. If your state does not permit legal separation, connect with a family law attorney in your area to determine the next step according to your state’s laws.
Divorce petition
The next (or first) step is to file an ‘Original Petition for Divorce’ or also called a ‘Letter of Complaint.’ Your lawyer will file this with a local court clerk, requesting that a divorce be granted by the court. The petition will identify involved parties which will include both spouses as well as children. If you’re the party filing for the divorce, you will need to identify a reason for such as part of the document such as ‘irreconcilable differences.’ If you are the party filing the petition or letter, you will be identified as the ‘petitioner’ with your spouse the ‘responder’ or ‘defendant.’ This document will be served upon your spouse, who will have a specified amount of time (typically 30 days) to respond.
Discovery
The ‘discovery’ phase of your divorce is the period of time in which information will be gathered about both parties. In the discovery phase, family law attorneys will devise ‘interrogatories,’ which are lists of questions sent from one side to the other which will need to be answered, again typically within 30 days of their receipt. Additionally, lists of facts directed between the parties will also be admitted. Finally, statements of income, bank information, and other facts will need to be included in this phase in order to determine property and debts.
Mediation and Divorce Court
Mediation is designed to bring both parties to a divorce together with their respective attorneys in order to discuss conflicts and try to reach an agreement that is amenable to both parties. A mediator is a court-appointed arbitrator or attorney who will work to negotiate a settlement.
If after mediation the parties still have unresolved issues, a court date will be set. In the trial, both parties will have their ‘day in court’ in order to argue their respective cases before a judge. Upon trial’s end, the judge will examine evidence and render a decision, typically within 14 days of the trial date.
Divorce is a last resort, but sometimes people who are experiencing turmoil in their marriage do see it as the only answer. With most divorces comes loss, some that can be significant. Family, houses and other property, even friends can be lost during a divorce. One of the most important things to remember if you’re considering this step is to strive for an amicable divorce that keeps the lines of communication open. A family law attorney can assist in doing just that. If you’re considering divorce but you don’t know where to turn, contact a top family law attorney in New Jersey for a consultation regarding what’s involved in the divorce process.
The ‘discovery’ phase of your divorce is the period of time in which information will be gathered about both parties. In the discovery phase, family law attorneys will devise ‘interrogatories,’ which are lists of questions sent from one side to the other which will need to be answered, again typically within 30 days of their receipt. Additionally, lists of facts directed between the parties will also be admitted. Finally, statements of income, bank information, and other facts will need to be included in this phase in order to determine property and debts.
Mediation and Divorce Court
Mediation is designed to bring both parties to a divorce together with their respective attorneys in order to discuss conflicts and try to reach an agreement that is amenable to both parties. A mediator is a court-appointed arbitrator or attorney who will work to negotiate a settlement.
If after mediation the parties still have unresolved issues, a court date will be set. In the trial, both parties will have their ‘day in court’ in order to argue their respective cases before a judge. Upon trial’s end, the judge will examine evidence and render a decision, typically within 14 days of the trial date.
Divorce is a last resort, but sometimes people who are experiencing turmoil in their marriage do see it as the only answer. With most divorces comes loss, some that can be significant. Family, houses and other property, even friends can be lost during a divorce. One of the most important things to remember if you’re considering this step is to strive for an amicable divorce that keeps the lines of communication open. A family law attorney can assist in doing just that. If you’re considering divorce but you don’t know where to turn, contact a top family law attorney in New Jersey for a consultation regarding what’s involved in the divorce process.