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3 Easy Steps to Divorce


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The Basics of Divorce

In the event of the termination of a legal marriage, varying legal procedures may be utilized in order to facilitate a divorce proceeding. In certain cases, the couple in question may decide that a legal separation may be a more productivewith regard to irreconcilable differences.

Understanding the Divorce Process

Upon the prospect of divorce, a variety of applicable regulations and stipulations exist with regard to the legal authorization of the divorce process:

Divorce: Step 1 (Analysis)

Prior to the filing of divorce, the following details with regard to the marriage in question may be analyzed; these regulations and case details will typically vary on a state-by-state basis:

· The minimum duration of residence required for filing

· The classification of applicable circumstances retaining the absent of fault (‘No Fault Divorce’)

· The presence of an uncontested petition of separation

· The classification of applicable circumstances; this can range from irrevocable differences to desertion

· The minimum amount of time intended to allow both spouses the opportunity for reconciliation

Divorce: Step 2 (Peripheral Legislation)

The following conditions may exist with regard to a divorce proceeding:

a. Alimony

With regard to agreements prearranged prior to marriage, certain married couples may have facilitated monetary awards granted to the other party upon the dissolution of a marriage

b. Nuptial Agreements

A Nuptial agreement may have been establishedupon the substantiation of the initial marriage agreement; in certain cases, agreements will facilitated that prevent the awarding of alimony subsequent to the termination of a marriage.

Divorce: Step 3 (Filing Process)

Upon finalizing a divorce, the following legal action may be required to be undertaken prior to finalization:

a. Challenge

The aim of the challenge is facilitated in order to determine any or all expressed responsibility for the spouse to respond to the petition; details regarding the marriage discussed in the petition are based on what the spouse wants and how the parenting plan, division of all monies and assets.

b. Temporary Order

Temporary Order applications cover topics such as living arrangements for children and child support, alimony, the occupation of the family home, payment of bills, and concerns relating to the fair distribution of all monies and assets shared by the couple in question. If the spouses cannot agree on the temporary orders, a hearing before a judge or court commissioner will mandate any or all of the necessary conditions.

c. Conditional Statutes

In the event that specific conditions cannot be negotiated as a result of spousal mediation, a trial will be held to resolve any conflict. The determination of conditions occurs upon the court mandating a decree of dissolution of marriage; the agreements negotiated between spouses are submitted for approval in writing by the court and subsequently requiring the signature of the presiding judge

d. Finalization

The finalization of a divorce requires a decision by a trial judge is in writing and signed by the judge conducting the trial; this authentication cannot occur unless a judge has signed the dissolution of marriage form.

NEXT: Easy Guide to Filing For A Family Law Complaint

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