Every divorce begins with a divorce petition. A spouse, known as the petitioner, creates and serves the petition to the other party. Subsequently, the petition is filed in the state court in the county where one of the spouses resides. It doesn’t matter where the marriage took place. The petition comprises of important information in regard to the marriage. It includes the names of the husband, wife, and any children and details if there is any individual property or communal property, child custody, and child support or alimony.
Divorce Process – Serving the Divorce Petition
The divorce papers are required to be served to the other party. This step of the proceeding is called “service of process.” If each party agrees to the divorce, the other party is only required to sign an acceptance of the receipt of service. Nevertheless, if the other declines to sign or is challenging to get a hold of, you could hire a process server to personally deliver the divorce papers to them. Finishing service of process begins the countdown of your state’s waiting time. It also places automatic restraining orders on each spouse and helps determine the date of separation. At this stage, a prohibition is in place, preventing the spouses from taking any children out of state, selling property, borrowing against the property, or engaging in the sale or borrowing against insurance held by the other party.
Divorce Process – Petition Response
The other spouse, termed the “respondent,” may file a response to the divorce papers indicating agreement, even though it is not mandatory. By filing a response, it demonstrates both parties agree to the divorce. This makes it possible the case will progress devoid of a court hearing, that could hinder the process and be more expensive. Typically, if a response isn’t filed inside of 30 days, the petitioner may ask that the court enter a default. The responding spouse may also use the response to debate the details presented in the divorce papers.
Divorce Process – Final Steps of a Divorce
“The Divorce Process.” Legalzoom.com, 19 Feb. 2019, www.legalzoom.com/knowledge/divorce/topic/divorce-process.
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