A divorce begins with a divorce request. The request is usually written by either one spouse (compliant) and served to the other spouse. On the other hand, it does not really matter where the marriage took place. If the request was court ordered then the papers are served there also. When spouses can’t agree or cannot agree upon child custody arrangements, the state will decide who gets which parent based on what was listed in the petition. Both parents have to file a petition for divorce if they want to end their marriage.
There are several requirements that go along with each step in the divorce process. First, the judge must find that the spouses have been living separately for at least six months and the marriage has become irreparably broken. Then the judge will issue a temporary restraining order against the husband or wife. The restraining order prevents your spouse from coming within a certain distance of you. It’s important that you don’t let your ex know where you’re living as this could further harm your case. The next step involves separating property. This means dividing assets between you and your spouse according to the following rules: separate support, spousal support, child support, legal custody, visitation and support for creditors.
Child support is determined according to what the child needs and your spouse’s earning ability. Separate support is designed to cover medical, educational, house, and day care expenses. The last thing to know about a divorce and your assets is a marriage judgment. A marriage judgment is simply an order that states that you are suing each other for divorce. A few states still allow separate support but they are very limited and not nearly as prevalent. A separate support judgment doesn’t remove your legal responsibilities to your children. For instance, if you child has an auto accident that you are named on, your spouse’s car insurance company may still pay your son’s medical bills.
Many people worry about how property will be divided in a divorce. Property division is dictated by state law and the laws vary greatly from state to state. Most states use a combination of marital property, divorce property, child support, and other assets that exist during the marriage to divide up the couple’s belongings. The couple can also choose to divide up their money or pay joint alimony or custody for their minor children.
If all three of these reasons apply to your situation, a court judgment may be necessary. It is always best to talk with an experienced divorce attorney before deciding on a final plan. An attorney can explain the legal implications of your decision and help you decide if there really was a valid reason for a divorce. Divorce lawyers are usually very busy and may not be able to help you if you have a bad reason for a divorce.