Divorce Proceeding in the USA-The Most Complicated Event

UncategorizedLeave a Comment on Divorce Proceeding in the USA-The Most Complicated Event

Divorce Proceeding in the USA-The Most Complicated Event

In many countries, there is an acute problem of preserving the family by reducing the number of divorces. Unfortunately, the statistics of the last decades makes not the most pleasant surprises: more than a million pairs annually break up. And many may say that young people decide to start a family too early, so they are mistaken because of inexperience. However, the reasons may be different.

In deciding to terminate a formal marriage, spouses are faced with the need to go through certain legal proceedings. The parties are trying to get out of this situation by solving their problems quickly. But not everything is so simple: you have to explain a lot of questions, take care of joint children, share property and follow all the formalities so as not to face difficulties in the future.

The divorce process in the USA takes not only a lot of time but also requires considerable patience. Yes, it can be said that this is not the most pleasant event that an American can face. Moreover, in each state laws differ and have their distinctive features, which gives a lot of troubles.

Standard Divorce Procedures

Although there are some differences in each state, the general pattern of divorce is the same everywhere. It all starts with the fact that the applicant for divorce must present the grounds for divorce. In the statement to the court, it is necessary to cite and explain the events that would cause the dissolution of the marriage. After that, the recipient will receive a notice of the beginning of the divorce and summons.

Special Requirements

You need to familiarize yourself with the laws on living in your state. This is because in most countries it is vital to have a residence for at least six months before it was possible to file for a divorce. And in some countries, it will take a year or more.

The Contested or Uncontested Divorce

You have to understand whether your divorce will be disputed or not. How to define it? If there are issues with custody of children, property or other disputes, then your divorce process will be contested. Of course, many dreams of the divorce process going smoothly and without unnecessary arguments. As practice shows, then uncontested divorces are quite rare. For the contested divorce, professional legal assistance is most likely required to resolve pressing issues.

Submission of the Necessary Documentation to the Court

The first thing you have to find your district court in which you have to file for divorce. It doesn’t matter whether you have a lawyer or not. In the case when you apply yourself, you need to fill out various forms of divorce and financial documentation. You will also need to pay a fee. Price varies by state. Therefore, it is better to learn about the cost in advance, as this can be done through a call to the court. In some countries, there is the possibility of obtaining installments for the payment of fees or even apply for exemption from payment. Please note that it is better to make several copies of your documents at once, as they will be useful to you in the future.

Further, it is compulsory that the statement was on the second side. For this, there are various ways to alert. However, if you hired a lawyer, then most likely you will not need to do this.

Many difficulties may arise when the spouse’s address is unknown. Due to these conditions, the notification procedure may be different in each state. For example, you will need to place an advertisement in a newspaper. It is worth paying attention to the fact that the divorce due to the fault is quite rare. Moreover, most states do not even recognize such type.

The Date of the Hearing and Your Presence in the Courtroom

The date of the hearing is set after you file a petition. It should be noted that you should not hope that after submitting the documents you will be immediately divorced. There is a 60-day waiting period before listening. As practice shows, the process can be delayed for a much more extended period than 60 days. When you can agree with your spouse and decide everything peacefully, this will speed up the process considerably. Instead, a settlement may be concluded by the legal framework of your state.

Tips That Will Be Useful During the Divorce Period

Perhaps you know from your friends about how the divorce is going. However, each situation is always individual. There are some common things that you need to know about divorce.

Do Not Hide Information

In no case don’t engage in hiding any information or documentation during the divorce proceedings. First, it not only complicates the process but also foreshadows the punishment for hiding information. Moreover, it will negatively turn against you and increases the likelihood that judges will be more supportive of the second side. If the second party is engaged in concealing any information, be sure to inform your lawyer and judge about this.

Take Care of Your Will

Surely you mentioned your spouse in a will. Therefore, if during divorce you decide that you don’t want to give anything to your spouse, you need to change your will. During a divorce, you should make copies of all your documents starting with retirement reports, ending with all your financial records.

Do Not Increase Your Debts

Remember that the process of divorce is quite expensive. And the prices for legal services generally reach dangerous proportions. Therefore, you should not change your life very quickly, make repairs, buy new things, and so on. You must understand that now your financial situation can change. Soberly assess your financial capabilities.

Do Not Bother Your Lawyer All the Time

Usually, lawyers charge an hourly fee for their services. Therefore, it is worth paying attention to the fact that your telephone call is likely to be included in the check. Moreover, it is not compulsory to call a lawyer outside working hours, and many can rate this consultation at double the price. The longer the divorce lasts, the more it costs. A lot of the spouses during this time are united in the general feeling of dislike for lawyers. Lawyers are called bees that collect honey from divorce flowers. And the longer they receive, the better for them.

To decrease the cost of legal assistance, it is essential to collect your thoughts and understand everything that you do not understand. You have to know for yourself what outcome you want from the process. Make a list of questions that interest you. After that, you can safely address these questions to a lawyer.

Do Not Make Significant Decisions in Advance Without Considering Everything

A mass of negative emotions promotes divorce. Therefore, do not give in to impulses to quickly make a decision and finish the case. Most likely, emotions will take hold of you, and consequently, they will influence you on your actions. When making important decisions, it is significant to consider the possible consequences.

Take Care of Property Division

It is worth remembering that in most states adopted a system of distribution of property in the equity. Following this, the property that was acquired by the spouses during the marriage is the joint property of both. The concept of equitable distribution does not necessarily imply a division precisely in half. Instead, it is based on all aspects of marriage. Such as its duration, age and health status of spouses, their ability to financially secure their future, responsibility to minor children, and so on. The court takes into account these circumstances when deciding on the division of property upon divorce. By the way, the cost of the proceedings may exhaust your assets for which there are disputes.

Do Not Dwell on the Past

It is vital to try to forget about the past during the trial and focus on the future. Try to look at it entirely the other way. It will be correct if you cooperate with your opponent to achieve the desired result. This is the first thing your lawyer should set up for you. The more you go into past grievances, the harder it will be to achieve the desired result. Remember, emotions only complicate and slow down the whole process.

The divorce process causes in most people a sense of doubt and excitement over something unknown. And it’s pretty logical! In such a situation, it is worth entrusting this procedure to professionals with the help of which you can understand all the subtleties of the law and make the right decision, taking into account all the circumstances of your case. Like it or not, but if you have a lot of controversial issues with your spouse, then dealing with the divorce yourself is not the most effective way!

Leave a Reply

Your email address will not be published. Required fields are marked *

Back To Top