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Main » Lifestyle & Fashion » Divorces & Separations
 

Divorce - A Painful and Protracted Process

 
Author: Anurag Tyagi
 

You are having a turbulent marriage life and wanted to end it. Divorce is the solution. Divorce is the word used to describe the legal dissolution of a marriage. The party who files the petition is called plaintiff. The petition for divorce is submitted with the countrys clerk office. The friend of the court receives copies of the petition to facilitate development of local policies and procedures. The defendant or the other party may dispute some of the claims by plaintiff and the case is then contested in the court of law.

The consultancy of an attorney before breaking your plans to your spouse will be a wise option. By doing so you will have a complete set of legally protected steps to follow making your position stronger and safer. You need to speak every minute detail with your attorney whether it is the matter of child custody or an issue regarding your rented accommodation. An initial consultation will allow you to ask questions, and an attorney can offer advice specific to your situation. It will help you to plan your moves strategically as well.

The attorney may also get a temporary order to maintain the similar status in relationship during the proceeding tenure of divorce. Child support and parenting time may be included in these orders.

The final judgment of divorce must include:

Responsibilities and rights regarding the care, control and maintenance of minor children (Child custody)

Parenting time, i.e. will the child have contact with other party

Property Settlement, i.e. how shall the acquired property be divided

Financial obligation of other party towards the child

What contribution, if any, should one party make to support the other, either permanently or temporarily? (Spousal support)

Restoration of maiden name: can wife take back her maiden name

Will the minor children be taken away from the present state by the custodian?

Will the grandparents be allowed to meet the children?

How will the tax laws be considered in deciding support and property matters? Will the parties consider college expenses?

In case of involvement of minor children, the court has to wait for six months following the time of submission of divorce petition. The friend of the court may intervene during this period, and sometime the parties may reconcile.

After the completion of six months the case is scheduled for hearing before the Judge. In many cases, the matters are resolved and the court simply takes the testimony of one of the parties and grants the divorce. The divorce papers are called judgment of divorce. The judgment is prepared by attorney and is presented to the judge for his signature.

Important Tips for the People Seeking Divorce

Seek consultancy of an attorney before breaking the news to your spouse

Collect all critical information regarding the spouse income and assets so you can calculate a reasonable figure for spousal and/or child support in the divorce settlement

Assess your own earnings potential, learn about your familys financial holdings, assess the debt, and make photocopies of all the relevant records

Determine where you are going to live following the separation and figure out all expenses

Save up money, build up your own credit and cancel charge cards, if any

Take property that belongs to you and move it out of the house, and dont make any unnecessary purchases

Pick the right time to break the news to your spouse and children

 
 
 

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