Know The Different Steps To File And Obtain Divorce

When marriage really turns sour, the couple has no other recourse but to file a divorce

. Wherever divorce is applied for, in any state for that matter, there is a particular waiting period. For example, in Arizona, any person who wants divorce can only do so after the lapse of 60 days from the filing of a "Petition for Dissolution".

Beginning to end steps of a divorce process

1.The first legal step to be undertaken when contracting a divorce is to file the petition. Even if the decision to live separate ways is mutual, only one of the parties may file for the divorce.

2.The partner who filed the petition for divorce must serve the other spouse and the file proof of service with the court clerk. The service can be accomplished either of two ways : petitioner secures the signature of the spouse for acceptance of service or the service is through the process server.

3.The other spouse, who is not the filer of the petition will respond. He can stipulate his stand on a number of issues such as child custody and support, spousal support, division of assets and more that he would desire to be settled.

4.When there is disagreement on the interim custody plan for the children, a motion for temporary orders of child support and custody is necessary. In Arizona, this temporary order includes also the spousal support and other financial issues.

5.Financial information must be gathered and prepared. This includes, bank statements, income tax returns, retirement accounts and other financial matters. This is important basis of the property and support decisions.

6.Both parties should discuss how their property is to be divided or settled. The position of each of the spouses regarding marital property must be clearly understood and taken care of.

7.For amicable divorce, negotiation can be made via mediation, parenting conference or any other alternative dispute resolution

8.If the negotiation fails and the pretrial litigation is not resolved, then the case goes to court for trial. A family court judge will make the decision.

9.Decree of Dissolution is the document that seals and finalizes the divorce. This document will stipulate all provisions of the divorce such as child custody and support, spousal support, property division, debt settlement and parenting visitation. After the judge has signed this document, the divorce is final and the case is officially closed.

At first glance, the divorce procedure may seem easy but then this is a difficult and complex process. As such, you have to seek the counsel of a divorce lawyer who will be with you through all the thorny process of obtaining divorce. The lawyer should be from your state as different states may have different statutes.

by: alona Rudnitsky

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