Divorce - A Painful and Protracted Process

By: Anurag Tyagi
Submitted: 2007-01-17 16:23:55
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You are having a turbulent marriage life and wanted to end it. Divorce is the solution. Divorce is the word used to describe the legal dissolution of a marriage. The party who files the petition is called plaintiff. The petition for divorce is submitted with the country’s clerk office. The friend of the court receives copies of the petition to facilitate development of local policies and procedures. The defendant or the other party may dispute some of the claims by plaintiff and the case is then contested in the court of law.

The consultancy of an attorney before breaking your plans to your spouse will be a wise option. By doing so you will have a complete set of legally protected steps to follow making your position stronger and safer. You need to speak every minute detail with your attorney whether it is the matter of child custody or an issue regarding your rented accommodation. An initial consultation will allow you to ask questions, and an attorney can offer advice specific to your situation. It will help you to plan your moves strategically as well.

The attorney may also get a temporary order to maintain the similar status in relationship during the proceeding tenure of divorce. Child support and parenting time may be included in these orders.

The final judgment of divorce must include:

•Responsibilities and rights regarding the care, control and maintenance of minor children (Child custody)

•Parenting time, i.e. will the child have contact with other party

•Property Settlement, i.e. how shall the acquired property be divided

•Financial obligation of other party towards the child

•What contribution, if any, should one party make to support the other, either permanently or temporarily? (Spousal support)

•Restoration of maiden name: can wife take back her maiden name

•Will the minor children be taken away from the present state by the custodian?

•Will the grandparents be allowed to meet the children?

•How will the tax laws be considered in deciding support and property matters? Will the parties consider college expenses?

In case of involvement of minor children, the court has to wait for six months following the time of submission of divorce petition. The friend of the court may intervene during this period, and sometime the parties may reconcile.

After the completion of six months the case is scheduled for hearing before the Judge. In many cases, the matters are resolved and the court simply takes the testimony of one of the parties and grants the divorce. The divorce papers are called judgment of divorce. The judgment is prepared by attorney and is presented to the judge for his signature.

Important Tips for the People Seeking Divorce

•Seek consultancy of an attorney before breaking the news to your spouse

•Collect all critical information regarding the spouse income and assets so you can calculate a reasonable figure for spousal and/or child support in the divorce settlement

•Assess your own earnings potential, learn about your family’s financial holdings, assess the debt, and make photocopies of all the relevant records

•Determine where you are going to live following the separation and figure out all expenses

•Save up money, build up your own credit and cancel charge cards, if any

•Take property that belongs to you and move it out of the house, and don’t make any unnecessary purchases

•Pick the right time to break the news to your spouse and children

Anurag Tyagi is a contributor with many legal websites running with Legal Services for Less

Article source: Expert Articles

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