Law

What Does the Divorce Process Actually Look Like in Practice?

Did you know that most first marriages that end in divorce only last around eight years?

With so many rates of divorces today, it’s essential to understand how the divorce process works.

Are you considering getting a divorce but don’t know where to start? If you’ve never been divorced, you could be wondering what the divorce process looks like. Sadly, divorces don’t happen overnight.

In many states, married couples need to take a series of steps before dissolving their marriage. Understanding these steps will help you prepare for your upcoming divorce.

Below is an overview of what the divorce process looks like in practice:

Start by Filing a Legal Divorce Petition

Every divorce process starts with one spouse filing a legal petition asking the legal system to terminate their marriage. This is the first step whether your partner agrees to the divorce or not. The individual filing for divorce should also include information about:

  • The legal ground for the divorce
  • All statutory information required by your state
  • A statement to inform the divorce court that one or both spouses meet state residency requirements

States’ residency requirements for divorces are different based on your state of residence. Some states require that one of the partners in a marriage have lived in that state anywhere from 3 months to one year.

On the other hand, the legal reason for the divorce may vary from state to state. But all states offer married couples a chance to file a no-fault divorce. This is a streamlined process that allows the spouses to file for divorce without stating the real reason to avoid blaming the other party.

Ask for Temporary Orders

The court knows that the waiting period during the divorce process isn’t always possible for everyone. That’s why some people are allowed to ask for a temporary court order for spousal support, child support, and child custody.

After requesting a temporary order, the court holds a separate hearing to decide on the application. However, each spouse is required to provide information that the court will use to make a ruling. In most cases, the temporary order is quickly granted, and it should remain in effect until otherwise advised by the court or the divorce is finalized.

Negotiate a Settlement

During this stage of the divorce process, both spouses work together with their attorneys to reach an agreement. These negotiations are common in cases where the couple disagrees on property division, child custody, and spousal support. Sometimes, divorce courts schedule a settlement conference that involves both parties and their divorce lawyers meeting to talk about the status of the divorce process.

The cost of divorce can be very high. However, it may vary from one state to the other. Check out Ephraim Law to understand the cost of divorce in Virginia.

Finalizing the Divorce Process

The final step in the divorce process is when the judge makes a ruling. The order of dissolution or divorce judgment ends the marriage. It also spells out each parent’s custodial responsibilities and how they will allocate spousal and child support as well as parenting time.

If you’re going through a divorce, it’s essential to talk to an experienced divorce lawyer. They will be better positioned to help you through this arduous legal process.

Did you like this article? Check out other posts on our site for more legal tips.

Did you know that most first marriages that end in divorce only last around eight years?

With so many rates of divorces today, it’s essential to understand how the divorce process works.

Are you considering getting a divorce but don’t know where to start? If you’ve never been divorced, you could be wondering what the divorce process looks like. Sadly, divorces don’t happen overnight.

In many states, married couples need to take a series of steps before dissolving their marriage. Understanding these steps will help you prepare for your upcoming divorce.

Below is an overview of what the divorce process looks like in practice:

Start by Filing a Legal Divorce Petition

Every divorce process starts with one spouse filing a legal petition asking the legal system to terminate their marriage. This is the first step whether your partner agrees to the divorce or not. The individual filing for divorce should also include information about:

  • The legal ground for the divorce
  • All statutory information required by your state
  • A statement to inform the divorce court that one or both spouses meet state residency requirements

States’ residency requirements for divorces are different based on your state of residence. Some states require that one of the partners in a marriage have lived in that state anywhere from 3 months to one year.

On the other hand, the legal reason for the divorce may vary from state to state. But all states offer married couples a chance to file a no-fault divorce. This is a streamlined process that allows the spouses to file for divorce without stating the real reason to avoid blaming the other party.

Ask for Temporary Orders

The court knows that the waiting period during the divorce process isn’t always possible for everyone. That’s why some people are allowed to ask for a temporary court order for spousal support, child support, and child custody.

After requesting a temporary order, the court holds a separate hearing to decide on the application. However, each spouse is required to provide information that the court will use to make a ruling. In most cases, the temporary order is quickly granted, and it should remain in effect until otherwise advised by the court or the divorce is finalized.

Negotiate a Settlement

During this stage of the divorce process, both spouses work together with their attorneys to reach an agreement. These negotiations are common in cases where the couple disagrees on property division, child custody, and spousal support. Sometimes, divorce courts schedule a settlement conference that involves both parties and their divorce lawyers meeting to talk about the status of the divorce process.

The cost of divorce can be very high. However, it may vary from one state to the other. Check out Ephraim Law to understand the cost of divorce in Virginia.

Finalizing the Divorce Process

The final step in the divorce process is when the judge makes a ruling. The order of dissolution or divorce judgment ends the marriage. It also spells out each parent’s custodial responsibilities and how they will allocate spousal and child support as well as parenting time.

If you’re going through a divorce, it’s essential to talk to an experienced divorce lawyer. They will be better positioned to help you through this arduous legal process.

Did you like this article? Check out other posts on our site for more legal tips.

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