March 11, 2019

Understanding the Divorce Process

Understanding the Divorce Process

In recent times, government laws constitute the breaking of a marriage as much as its forging. In the United States alone, 2016 data shows that both marriage rates and divorce rates are fast increasing in recent times. To make that more notable, there is a divorce for every 13 seconds, and there are nine divorces made in the time it takes for a couple to finish reciting their wedding vows.  On average, it only takes a first marriage eight years to thrive before ending in divorce. With these numbers rising, it is clear that the process of divorce is backed up by legislation. Let’s take a look at the processes involved in a divorce.


Divorce in the United States is a jurisdiction of the state governments, thus laws on divorce can vary from one state to another. Divorce is referred to as the dissolution of marriage. It is made into a legal process done by a government authority to dissolve the bonds of matrimony existing between two persons. This restores them to the status of being single, allowing the remarriage with other individuals. This legal action is surrounded by issues on spousal support, child custody, child support, distribution of property, debt and assets.


The Divorce Process


Filing a divorce starts with a divorce petition. This includes a detailed description of the grounds for divorce, requesting the court to dissolve the marriage, restore non-marital property and, make orders pertaining to child custody and support. It is a must that the petition be notarized, including a verification that the petitioner has read the document to its entirety and believe that its contents are true.


The service of process is then done wherein the divorce papers are served to the spouse or respondent. The spouse should rightfully be given time to respond, and to argue with the terms of your petition. It also sets restraining orders on the spouses and helps establish the date of separation. This will also disable the spouse to take children out of the state, borrow or sell any property or insurance for the other spouse. Both parties should then file a response to proceed the case to a court hearing. Once the court administrator reviews your petition, the final judgment is given by the judge. In the court hearing, both parties will have the opportunity to present evidence before a final ruling is made. The grant will be provided if both parties are willing and consenting.


Contested, Uncontested Divorce and Annulment


A contested divorce is characterized by disagreement on both or either of the two parties. This causes issues on other legal matters such as the division of assets, allocation of debts, alimony, child support and custody. In an uncontested divorce, both parties agree on everything and spare the need for the court to determine other divorce terms. It passes the system more quickly and is much less of a financial burden.


Meanwhile, annulment is a court ruling voiding a marriage and declaring that it was never valid. A marriage is not merely dissolved but treated as though it never existed. Annulment restores both parties to a status of singleness free to remarry. Grounds that qualify for annulment include misrepresentation and fraud. It can also be granted for bigamy, incest, inability to consummate, or marriage to a minor. Annulments are rare and are more difficult to attain than a divorce.


With these legislations in the court system abounding, getting a divorce or annulment is now easier than it ever was before. Despite the financial, emotional and time burdens, it is a fact that society has downsized the permanence of matrimony.


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