Divorce Guide

Divorce procedures

In United States of America, the divorce law varies according to the state. The person filing for divorce has to follow certain residential requirements and grounds mentioned in the particular state law. The divorce procedure starts with filing the petition and ends when judge signs the final decree.

Ground for divorce can be of two types: Fault ground and no fault ground.

• If the divorce is filed on no fault basis the court grants for it by stating lack of understanding among the parties.
• No fault ground can be: Adultery, mental or physical cruelty, imprisonment, mental health issue, transmission of sexual disease or impotency.

The issues in divorce process mostly deals with family law matters. These issues can be alimony, child custody, child support, property division and debt payment. When issues of children are involved court makes it a priority for solving.

Alimony

It includes factors related to financial division. It depends on issues like standard of living, earning income and their sources.

Child custody

Court deals with the issue of child custody with the view of child’s benefit and comfort. It includes factors like parenting issues, education and visitation.

Child support

When the process of divorce begins, court makes sure that financial security is given to the child. Factors like family income earning capacity of both the parties and standard of living are considered.

Property division and debt payment

Court makes sure that division of assets and other property is equally made. It includes all marital and non marital assets. If issues of debt are involved it has to be solved by the spouses before going to court

One can file for divorce procedure on your own or with the help of lawyer. If one decides to file the divorce on its own many online websites are available that provides a free kit of information on how to file the divorce. Along with the kit divorce papers and forms of the particular state where you wish to file are also provided.

How to file for legal divorce procedures

• A lawyer can provide advice and assistance with the legal matters. It is advisable to hire a lawyer to make the divorce case simpler.
• Make sure before filing for divorce all necessary requirements are fulfilled. It includes residential requirements also.
• Once the requirements are met file for petition. It is a very important document to begin with the divorce process. Pay the necessary fees for filing the petition. Request the court county’s clerk for mentioning the exact amount of fees.
• Certain necessary documents like proof of ground on which you are filing for divorce, marriage certificate, address proof, and information of children (if any)
• Attach these documents with the petition and file it with the court. Serve the copy of petition to your spouse. Spouse should respond within the period mentioned by the state law.
• Once the response is received, visit the court for the hearing. If divorce is uncontested you may not to be present in the court. The judge will grant the divorce once he/she is satisfied with all the documents and grounds on which divorce is filed.
• The judge signs the divorce decree which means divorce is granted.

Divorce procedures are simple as far as they are uncontested. Divorce procedures can be lengthy if issues are not mutually agreed by both spouses.

Divorce procedures of different states are given in the articles below:

• Contested Divorce Procedures
• Divorce Procedures in Maryland
• Divorce Procedures in Texas
• Florida Divorce Procedures
• Hawaii Divorce Procedures
• North Carolina Divorce Procedures
• Texas Divorce Procedures
• Virginia Divorce Procedures

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