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.

In The News:


pen paper and inkwell


cat break through


Spare Your Kids To 7 Most Distressful Divorce Parenting Situations

What 7 most distressful situations to kids that divorced parents... Read More

Marriage Seperation - A Practical Guide

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

Tax & Financial Impacts of Divorce: 10 Mistakes to Avoid

Divorce is something no one hopes will happen to them... Read More

Divorce: Coping With The Family Law Process

The EmotionsDivorce is a scary, lonely and misunderstood process for... Read More

Anatomy of a Divorce: How it Really Works

The legal divorce vs. your real divorce The legal... Read More

Things To Consider When Making A Decision About Divorce

When making a divorce decision, there are quite a few... Read More

Two Hearts Are Now One

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

Divorce: Secrets To Coping With A Divorce Announcement

During a wedding ceremony, when people are joined together in... Read More

Hidden Divorce Costs

Divorce has become part of life in the 21st century.... Read More

Divorce Makes Us Stronger

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

Five Christmas Survival Tips For The Divorced & Single Parent

For the over 50% of marriages that end in divorce,... Read More

Divorce Decision: Things To Consider When Making A Decision About Divorce

When making a divorce decision, there are quite a few... Read More

What Are You Waiting For?

So, you've decided that you're no longer "a couple", but... Read More

Spousal Emotional Abuse During Divorce--What You Can Do

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

Advantages to Doing Your Own Divorce

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

Stop Divorce: Should You Try To Stop Your Divorce If Youre Just Thinking About Getting A Divorce?

Thinking about getting a divorce doesn't necessarily mean that you... 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

Reasons For Divorce; What Constitutes Viable Reasons For Thinking About Or Wanting A Divorce?

According to the Center for Disease Control's National Vital Statistics... Read More

How To Identify What The Question Should I Get a Divorce? Means To You

Deciding about whether you should get a divorce or not... Read More

Top 5 To Dos Before Saying ?I Do?

1. DO allow yourself enough time to make one of... Read More

Child Support: 5 Key Things Every Parent Should Know

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

Love and Marriage Fairy Tale

When we were children we believed in fairy tales and... Read More

Divorce Advice: Getting Divorce Advice From the Right Source

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

Alienation of Affection - Interference with marriage can cost big bucks in North Carolina

Non-lawyers are often surprised to learn that a spouse can... Read More

Too Many Divorces

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

There Is Life After Divorce

A married woman becomes a single woman for one of... 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

Does Your Sexless Marriage Have You Thinking About Divorce?

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

Dating Tips for Divorced and Widowed Moms

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

Four Tips to Save You Money in a Divorce Case

1. Have an Clear Written Fee AgreementMost experienced and effective... Read More