You probably have heard that filing a divorce is one of the painful and difficult processes some individuals have to go through in contemporary society. Yet statistics indicate that divorce is becoming more common as years progress. For example, one research stated that there was at least one divorce in the United States every 13 seconds as of 2021. This means that divorce has become so common that if you are not the victim, you most likely know someone who is a victim.
The emotional pain and financial challenges that people going through a divorce go through are so enormous that it becomes hard for them to make rational decisions. Those who know about the process of filing a divorce petition are more likely to have significantly fewer challenges. The following are some three basic information you need to know that can help lessen the burden of filing a divorce petition.
A. THE START OF A DIVORCE PETITION
A divorce process starts with a petition filed by at least one of the spouses, legally referred to as the petitioner. This is understood as a petitioner’s act of asking a court to legally terminate a marriage. The divorce petition must indicate the following;
1. That the Petitioner meets the State’s Residency Requirements
The petitioner should indicate that at least one spouse meets the state’s residency requirements. For instance, in most states, at least one spouse must have lived in the state where the petition is filed for at least 3 to 12 months and at least ten days to six months in the given county.
2. That there is a Legal Reason For Divorce
Secondly, the petition statement ought to include a reason for divorce. This is what categorizes divorce into a no-fault or at-fault divorce. Reasons for filing a no-fault divorce petition includes incompatibility, irretrievable breakdown and irreconcilable differences, while reason for filing an at-fault divorce are adultery, infertility, physical or emotional abuse and abandonment.
B. YOU CAN REQUEST TEMPORARY COURT ORDERS.
Divorce processing is usually lengthy – it typically takes about 12-18 months for a court to decide. However, waiting for months before a case is finalized might not be practical for some individuals. For instance, a spouse that is a stay-at-home parent who is raising children and is utterly dependent on their spouse might find it very challenging to wait for all that time. Such a person can ask the court to make temporary orders on significant matters. These temporary court orders will hold until the final judgment is made or until the court revokes them. You need an excellent attorney to help you identify the justifiable reasons why you need to request the court to issue temporary orders and how to justify this to the judges.
C. THE NEED TO PROVIDE A FILE PROOF OF SERVICE
The law requires one to provide a copy of the paperwork to the spouse and the spouse to sign an acknowledgment of service. This is done before the petitioner fills a document referred to as the proof of service with the court. It is a legal requirement that must be observed, given that the court cannot proceed before one correctly serves the spouse with the paper and file the proof of service. While this can be easy for an understanding spouse, it is a difficult task if the spouse wants to make it hard for you. You need an attorney to help you formulate a strategy of serving such a spouse with the paperwork and dealing with them if they decide not to sign in; the attorney can convince the court to make a default ruling which is usually costly and difficult to reverse.
The truth is that going through a divorce is a challenging process that strains one financially and emotionally. However, having a reasonable attorney and understanding these three essential pieces of information about the process can help one avoid anxiety by making the process a little more predictable and less lonely.