Process of Divorce Cases
Divorce is an action that ends the marital union between a couple legally. It cancels the legal duties and responsibilities of marriage and includes a physical and financial division.
The process of divorce starts with a petition written by the lawyer of one of the spouses. In this legal document, the reason why the spouse wants a divorce and his or her request like finances and custody is stated. The petition is filed with the court and when it is served on petitioner’s spouse, he or she has to file opposing papers in a certain time. If he or she doesn’t answer the petition, it means that he/she agrees to its terms and the court may give the petitioner everything requested in the petition.
Divorcing couples can make a settlement agreement that resolves all their issues such as propety division, debt division,child custody, child plans, spousal support. This process is better than have a trial. The settlement is submitted to a judge who might honor the written agreement if the terms are fair.
If the couple can’t agree, the case will go to trial. At trial, each side presents arguments, evidence and documents. Based on the evidence given, the judge decides the unresolved issues and grants the divorce .This way is more complicated, it costs much more and takes longer.