Click Here
for more articles |
|
|
Legal Issues
Surrounding Divorce |
by:
Maui Reyes |
There are two
types of divorce: absolute and limited. Absolute, or “divorce a
vinculo matu monii”, is the judicial termination of a marriage
based on marital misconduct or other statutory causes after the
wedding ceremony—such as adultery. After the divorce, both
parties are deemed single again. Limited, or “divorce a mensa et
thoro” is a separation decree, where the marriage is not fully
terminated, and the couple still retain their civil status as
married.
There are seven steps in having a divorce. While the process varies from
couple to couple, depending on the situation of both parties,
there are some essential procedures in filing for a divorce. One
thing is certain, however: divorcing couples who are mature
enough to agree on certain issues makes for a smoother divorce.
First, one party must file a petition for divorce. Even if both parties
agree on a divorce, one must file the petition, which states the
ground for divorce. There is such a thing as “no fault” grounds,
which simply states that the relationship is no longer viable
(such as “irreconcilable differences”). While many states allow
this, some states still consider ground faults, such as
adultery.
A temporary order is the next step. This is for claiming temporary financial
support, child support, of custody. This is granted a few days
after filing, and remains in effect until a formal court
hearing. One should file for this ASAP.
A service of process is then required. This is to prove that the petition
has reached the other party as well. A response is then needed
from the other party. He or she must file a response to the
petition, and is allowed to either dispute the grounds or defend
himself or herself from them. Disagreements on custody or
property division should also be filed with the response.
A negotiation for the division of property and custody comes next. The court
usually lets the couple and their respective lawyers handle
this, but if they cannot agree on anything, the court has to
decide for them. Children are usually the responsibility of
social workers, whom the court calls in to check on the living
conditions of each spouse if it is fit for the children. A trial
then ensues, to smooth out issues the couple couldn’t resolve by
themselves.
Finally, an order of resolution is given, which ends the marriage and
contains the division of property and debts. If the couple has
negotiated these issues themselves, they can write their own
order of resolution and submit it to court. If it meets the
requirements, the judge approves it.
About the author:
For additional legal information and inquiries about the article log
on to
http://www.attorneyservicesetc.com
Circulated by
Article Emporium
|
|
