A divorce may seem like a lengthy ordeal for most people, but it isn’t. Most of the time, the duration of a divorce lawsuit depends on the attorney. With a capable lawyer and the necessary documents to conclude the separation, it shouldn’t be as stressful as people make it out to be.
There is a high percent chance that most individuals involved in a divorce situation haven’t been through one before. So it’s only reasonable for such people to feel a bit misplaced during the process. However, this article should give a bit of exposure to individuals filing their first divorce. While it’s only natural to advice against divorce and push through a marriage, a divorce is still the only way to get out of a toxic and unhealthy engagement. As the process below is quite complex, it’s always recommended to hire a BAR authorized divorce attorney near you.
It all begins with a simple petition drafted by one of the spouses. This petition goes to the other spouse as a form of notice regarding the situation at hand. The appeal then goes through a law court in a state where at least one of the spouses lives. For the record, the region of the marriage ceremony is irrelevant at this point.
So if you got married in New Jersey but your permanent residency is in New York, you would get divorced according to NY law. The content of the petition includes everything about the marriage, from names and details of the husband, wife, and kids, if any, to records and location of properties, estates, etc. It also includes additional information like child support services.
Service of process
This petition goes to the other spouse in a condition known as service of process. After receiving the document, the other spouse has to agree with the request by providing a signature that confirms he/she received the text. When there is no agreement with the other spouse and he/she doesn’t sign, or if the other spouse isn’t nearby, the papers can be sent through by a process server.
After the service of the process, the state sets a divorce date. At this time, the state will prohibit any transfer or sell of the properties listed on the petition. The spouses will have an order which stops them from taking their kids out of the state or the country. The sale of the other spouse’s insurance or documented properties is also denied by the state to prevent sabotage.
A response can also be filed by the other spouse, although it doesn’t happen so often. This response can act as a sign of agreement between the two parties. It can also be enough reason to skip the entire court process and save time and money. If there isn’t a response thirty days after the divorce petition forms, the petitioner can ask for a default in the court. Bear in mind that the default and the whole petition can also be contested in court if the other spouse finally presents a response.
Finally, the divorce can go through if it remains unquestioned after that. The two parties will also need to present all their assets and expenses in court; which is followed by customary paperwork. Lastly, the state judge acknowledges the divorce.