When getting a divorce, the process will be determined by the particular parties involved in the divorce. Some couple separation cases such as of people who have been married for a short time, are without children as well as little property or debts should not be daunting. This should not be compared with the opposite where involved parties have been in marriage for a long period, have minor children and have significant property or debt to divide. Below are some of the things which you should know about divorce and why you should choose a divorce attorney Berkeley CA professional.
The initial step in this process would be to file a petition. Even if both of you agree that you need to get a couple separation, one party should be the one to file this petition to the court so that they ask to get the couple separation. The reasons to get the couple separation will be different depending on the rules. Your attorney should tell you whether the fault grounds are allowed in the state you are in and if they are, they will advise you if it will make sense filing for the divorce on these grounds.
The second step is the temporary order. In case one of you depends on the other for monetary support or one of you will have the custody of the kids, that spouse can request the court to issue a temporary order for custody and support. For instance, if you are a stay at home mother, you may require your husbands support to pay your bill.
The temporary order will be issued in a few days and remains effective until the complete court hearing. If the temporary order and the petition are filed by the same person, then they need to file them together. If the parties are not the same, then the request for the temporary order should be made immediately.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
When the party which was served with the service of process should make sure that they respond to the petition. In the response, the party can dispute to the ground if he or she sought that the grounds where fault. Now the responding party can choose to go against the facts that are alleged to be the grounds for a couple separation or assert a defense to the grounds.
If the spouses getting a couple separation seem not to agree on any of the issues, then they may need to negotiate these differences. The court can plan for settlement conferences that may try to move these parties so that they can resolve the issues. If they disagree on the custody of the child, and the visitation rights, then the court may also order for the evaluation of the parents and the children by a court employee.
When it comes to the order of dissolution, it ends the marriage and spells out the on how the debts, property will be divided, custody and support and any other issue. The parties will draft the order of dissolving the union and submit it to the court when they are through with the negotiation. The judge will approve the dissolution if it complies with the legal requirement and the two parties enter into it knowingly and willingly.
The initial step in this process would be to file a petition. Even if both of you agree that you need to get a couple separation, one party should be the one to file this petition to the court so that they ask to get the couple separation. The reasons to get the couple separation will be different depending on the rules. Your attorney should tell you whether the fault grounds are allowed in the state you are in and if they are, they will advise you if it will make sense filing for the divorce on these grounds.
The second step is the temporary order. In case one of you depends on the other for monetary support or one of you will have the custody of the kids, that spouse can request the court to issue a temporary order for custody and support. For instance, if you are a stay at home mother, you may require your husbands support to pay your bill.
The temporary order will be issued in a few days and remains effective until the complete court hearing. If the temporary order and the petition are filed by the same person, then they need to file them together. If the parties are not the same, then the request for the temporary order should be made immediately.
The other stage is the service process. In case you file for a separation, you should as well file for the proof of service procedure. This is a paper that indicates that the other party received a copy of the petition. The service process might be undignified, or very dignified or in between.
When the party which was served with the service of process should make sure that they respond to the petition. In the response, the party can dispute to the ground if he or she sought that the grounds where fault. Now the responding party can choose to go against the facts that are alleged to be the grounds for a couple separation or assert a defense to the grounds.
If the spouses getting a couple separation seem not to agree on any of the issues, then they may need to negotiate these differences. The court can plan for settlement conferences that may try to move these parties so that they can resolve the issues. If they disagree on the custody of the child, and the visitation rights, then the court may also order for the evaluation of the parents and the children by a court employee.
When it comes to the order of dissolution, it ends the marriage and spells out the on how the debts, property will be divided, custody and support and any other issue. The parties will draft the order of dissolving the union and submit it to the court when they are through with the negotiation. The judge will approve the dissolution if it complies with the legal requirement and the two parties enter into it knowingly and willingly.
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