The first and most important step towards having a successful divorce comes in making the ultimate decisions. This step is also the most difficult one. Ambitions, dreams and happiness are the three most factors that drive couples to say the words “I do”. The scars left by a fail marriage are also permanent and if the move is not well calculated, the results might have dire physical, emotional or psychological consequences on the victim.
At some point in life when things fail to turn up as they were planned, the ambitions are abandoned, the dreams fade and the happiness evaporates. This is the phase when there is a lot of turbulence in marriage. One or both partners may decide that enough is enough and decide to dissolve the relationship.
The essential steps in divorce largely depend on the partners seeking to separate, the kind of marriage they had and the duration their marriage lasted.
The simplest steps come when a couple had a relatively short marriage, had few or no children and had accumulated few assets, wealth and liabilities to divide. If this is the case then they can decide to go for the Do It Yourself divorce which also requires them to have a mutual, sober and amicable divorce settlement decisions.
Sometimes one party or both parties might not come to an amicable agreement. Depending on the nature of the disagreement, the divorce process might prove to be very demanding in terms of resources and time. It might even drag them to the trial a court of law.
The divorce filing process will also depend on the legal requirements by the respective state. For example, the state where men get favorable rulings in matters of alimony is Georgia while in Texas you are almost certain of being denied alimony.
The turnaround time for divorce is also different depending on your state. New Hampshire has one of the quickest divorce processes in the United States while Kansas has the simplest processes in the country.
With that all said, there are some factors that are very essential in every divorce case. These factors determine a lot during and after the divorce case are settled. Some of these factors are discussed below.
This is the very first legal step in filing a divorce petition. The step is mandatory even in cases where both spouses have a mutual agreement on the separation procedure. Sometimes the decision to divorce might come from one or both partners. Irrespective of who decides this, one of the might make the bold step a file for a divorce petition.
The petition is very important as it lays the necessary grounds for the impending marriage dissolution. All the states in the United States allow for the no-fault type of divorced while only a significant number at present favour the at-fault divorce kind. Before you file a divorce petition you need to consult with your attorney if your state provides the at-fault divorce process.
Filling an Answer
As stated above the petition filling is only done by one partner. The other party who did not file this petition is however given a window period of twenty days from the time the petition is served to file for an answer. In the answer, the party is given an opportunity to express his/her issues. He/ she highlight the areas in the petition they agree or disagree with.
He/she is also given a chance to counter the petition and also add some issues he/she feels were ignored in the initial petition. After the counter petition is tabled, the initial petitioner is also given a chance to answer the counter petition.
This is mostly applicable in a contested divorce case. It mostly applies where there are financial and child custody is to be discussed. Sometimes in marriage, there is one partner who depends on the other for financial assistance. During a divorce, this type of partner or the partner who is interested in having the custody of the kids asks for a temporary order.
A real-life situation is a housewife who doubles up as a mum file for divorce; she definitely has no job but has to take care of the little ones if she wins their custody. In this case, she will definitely need financial assistance from the former spouse even after they are separated.
If this is the actual scenario this mother will not only file for the temporary order but also the temporary child custody order together with the child support order. The temporary order and the divorce petition are filed at the same time if they are done by one person. As the name suggests, the temporary order is only effective until the court decides otherwise. It is given within a few days of filing.
The kids’ life plays a very important bond between the partners even after they are divorced. If the court does not solve this matter properly it may cause grounds for future conflicts. As much as these people are divorce they never cease to be parents. As such, they all have equal rights to have regular contact with the children.
The law stipulates that the court find a way in which both parents will have regular contact with the kids especially when they are minors. The parents also have responsibilities in caring for the children.
The parenting plan will, however, depend on a number of factors including the financial capabilities of the partners, the moral state of the partners and the ages of the said kids. For example, the custody cannot be given to an alcoholic parent.
- The court will include the following factors when deciding the parenting plan;
- How the parents are scheduled to share time with the kids
- The manner and ratio in which the spouses will divide tasks on caring for the children including expenses like tuition, medication and extra curriculum activities.
Divorce, just like marriage is a very bold step to take in life. It marks another significant life-changing process. All the parties involved in divorce; from the spouses, the attorneys and the judges must by all mean practice with caution to ensure a smooth transition. Whether the couple decides to take cheap divorce of the traditional king of divorce there are essential matters to be considered. Before anyone decides to separate with their partners they should always think of their well-being and any third party involved like their children.