Every state has created specific grounds for divorce, which allow one of the parties to ask the court for the dissolution of the marriage. Adultery, cruel treatment, assault, or incarceration is examples of fault-based grounds for divorce. No-fault divorce is recognized in every state. Some jurisdictions, on the other hand, mandate that the partners reside apart for a certain period before their courts can dissolve the marriage.
A Brooklyn Divorce Attorney may clarify if there are any advantages of asking the court to end the marriage based on blame. There has been a flaw in the marriage in some cases. A lawyer will help people decide if voiding or annulling the marriage is a better option than having a divorce.
The Divorce Process:
A divorce begins with the filing of a divorce petition. One partner writes the petition, which is then served on the other. The petition would then be sent to a state court in the county of one of the partners. It makes no difference where the marriage took place. The petition contains crucial details about the marriage. It lists the husband, wife, and any children, as well as whether the couple owns separate or community land, child custody, and spousal support.
- Serving the Divorce Petition: The other partner must be presented with the divorce petition. The service of process is the name given to this stage of the process. If both parties consent to divorce, the other partner only has to sign a receipt of service acknowledgment. People may hire a competent process server to personally deliver the papers if the other partner refuses to sign or is difficult to find. When you complete the service process, the clock starts ticking on your state’s waiting period. It also helps determine the date of separation by imposing compulsory restraining orders on the partners.
- Response to divorce petition: The other couple is called the defendant. The respondent may file a response to the petition stating that he or she agrees, though it is not necessary. Filing a response demonstrates that both parties are in agreement about the divorce. This increases the likelihood that the dispute would be resolved without the need for a court hearing, which may cause the process to be delayed and cost more money. In most cases, if a response is not filed within 30 days, the complainant can ask the court to enter a default. The responding spouse may also use the answer to express disagreement with the petition’s facts.
- Last steps of Divorce: The details on their properties, liabilities, income and expenses must also be made known to both parties. If the divorce is undisputed and the wives can agree upon the terms of the divorce, only a little more paperwork is needed. The divorce is final until the court enters the judgement. The marriage is not dissolved officially and the partners cannot return to marriage until the conclusion of the time of waiting. If issues cannot be settled, the courts will have to conduct hearings and maybe even a trial.