As is the norm, the traditional family setting, which often constitutes the wife, husband, and children, forms most of the families globally. Global family law recognizes that families can either be blended, same-sex parenting, and many other different variations. Although it is common to find couples living together as a family, the changes in social attributes in the 21st century have made marriage an option.
So, what option do you have if you want to opt-out of your marriage? What happens when you’ve decided that your marriage no longer holds water? How do you go about legally ending your marriage? For a vast majority of people, the only way out is through a divorce. But where do you start?
Table of Contents
Specialized Support
Since the entire process can be complicated, it comes highly recommended to, first of all, find a family and divorce lawyer to guide you through the entire process. To protect yourself, sometimes an expert is necessary. For example, QDRO attorney services can be that lifeline to help you through if you are concerned about your retirement benefits.
Remember that family and divorce law and the entire divorce process aren’t a walk in the park. Just like any other law, you will need help in interpreting family and divorce law.
Even so, every divorce process will follow the following basic steps:
- A file for divorce or petition is opened.
- Ensure your partner signs a waiver of citation to obtain service of process.
- After that and after 60 days have passed, you can then ask the court to grant you a divorce from the marriage. The final decree of divorce will complete the divorce process.
Filing A Petition For Divorce
Divorce processes do NOT always end in 3 simple steps!
Although the above are textbook steps for filing and going through a divorce process, it’s quite unfortunate that the process is more complicated than this. Between the first, second, and third steps, many things can happen, which can drag the entire process.
Ideally, some, if not all, of these steps can include more than one hearing. This can include issuing temporary orders, back and forth exchanges at the discoveries hearings, mediation process, evaluation of both mental and physical health status, the appointment of an attorney for the kids, and many others.
Even worse, an attorney may be appointed to ascertain the magnitude of both parties’ wealth to determine the way forward of sharing the assets. While this may seem simple, it is quite daunting, drenching, and costly.
Things You Need To Know About Family And Divorce Law
What Is Divorce?
A divorce is a court proceeding in the family law whereby a couple determines the end of a marriage where a couple cannot amicably decide on the right way to end the marriage. It starts with one party of the couples filing a petition for divorce against the other couple.
Unlike criminal cases, the partner filing the petition asks for the court to help decide on matters to do with custody, division of assets, and other family matters. While some cases are reached without going for a trial, a vast majority of divorce cases can take many years to resolve.
What Is Dissolution?
Unlike divorce, a dissolution is a separation process, where partners in a marriage can find amicable solutions to dissolve their marriage without involving the court. It’s of utmost importance to note that dissolution will only work if the parties are not fighting.
At the same time, couples should be able to communicate effectively with each other. They should also be able to understand each other on matters to do with custody and finances.
Although dissolution is firmly based on mutual agreement, the parties can hire attorneys to translate the law and formalize the entire process. Even so, the court will be involved at the end of the process to stamp the termination of marriage finally.
Cost
As you would expect, unlike a dissolution, a divorce process is costlier. This is basically because the parties involved in a divorce process can’t really understand each other on issues to do with separation, custody, and asset division.
The entire process of filing for the petition, filing different papers, and seeking the services of an attorney will take a lot of time and be costly at the end. Ideally, a marriage dissolution proves to be more effective and less costly since the parties are able to handle all the issues themselves, thus allowing them to save time and money in the long run.
