What is the Process for Divorce Case?

Posted by Thomas MallonApr 23, 20160 Comments

No one marries with the intention of getting a divorce but when the need arises, couples need to separate and move on with their lives. Every divorce case commences with a petition which is usually written by one spouse who happen to be the petitioner, and served on the other. The petition is subsequently filed in the court where one of them resides, regardless of the location of the marriage. The content of the marriage are the important information about the marriage which includes the names of the husband, wife, and the children. Other important information that should be included is child custody, child support, and property owned.

Serving the Petition

The petition or divorce papers as it is sometimes called must be served by the petitioner on the other party – the spouse. This is referred to as the service of process phase. An acknowledgement of receipt is subsequently signed by the other party if both parties already agreed to the divorce. Where the recipient fails to sign or could not be located, the service of a professional process server is usually needed.

The completion of this phase signals the date of separation at a restriction on the sale of any property, borrowing against any property, and taking any of the children out of the state.

Response to the Divorce Petition

The respondent which is the recipient of the petition has the chance to file a response stating his or her agreement to the petition. While this is not a requirement, it indicates the agreement of both parties to the divorce. The response can also be used to disagree with some of the information in the petition. If a response is however not filed within thirty days of receiving the petition, the petitioner can request the court to enter a default.

Final Steps of the Divorce

The concluding phase of the divorce case requires the disclosure of all information as regards their liabilities, assets, their expenses and income. An uncontested divorce makes the procedure smoother with very little paperwork and delay. It is, however, important to note that even after the judgement is entered by the court, the couple has to wait until the end of the waiting period before the marriage can be said to be formally dissolved.