Divorce is a legal action taken by married people to end their marriage. It is a legal action that ends a marriage before either spouse dies.
Types of Divorce:
A contested divorce occurs when the spouses disagree on one or more of the divorce-related issues, such as compensation, property, child support, and/or child custody. This includes divorces where one spouse wants to end the marriage but the other does not.
An uncontested divorce occurs when both spouses agree on all issues and grounds for divorce. Their signed divorce settlement agreement will be approved by the judge. In some states, an uncontested divorce is called a “summary dissolution” or a “joint divorce petition.”
A contested divorce takes longer and costs more money than an uncontested divorce because it involves more court time, attorney fees, and possibly a divorce trial.
In this article, Advocate Viraj Patil who is one of the best Advocates in Navi Mumbaiexplains “what is divorce and several other important things before filing a divorce”. Advocate Viraj Patil is the Co-Founder of the Law Firm and his efficient team of Legal and Para Legals are one of the Best Advocate in Navi Mumbai.
Divorce Petition Filing:
Fill out your official request—also known as a “divorce petition” or “complaint”—and file it with the appropriate court.
Your petition must contain the following:
- names, addresses, and phone numbers (unless you request the court to keep your information confidential)
- a letter confirming your divorce residency requirements (if any)
- your wedding date and location
- spouse’s names before the wedding
- separation date
- the grounds for divorce
- the names, birthdates, and social security numbers of any children from the marriage; whether either spouse needs or expects to need spousal or child support; and the spouse’s wishes for child custody.
Bring the original and several copies to your local court. You’ll need to pay a filing fee, which varies by state. If you can’t afford the fee, you can ask the court for a waiver. After filing, the clerk will give you an official copy of the documents.
You should keep one copy for your records, and then serve the other to your spouse by asking or hiring a neutral third party to hand it over to them. This is “process service.”
If you’re unsure about your state’s divorce petition and service requirements, contact a local family law attorney, says Viraj Patil who is a leading advocate in Navi Mumbai.
Answer and Counter argument:
After receiving the divorce petition, your spouse has a limited time to respond to the allegations. If your spouse does not respond, you can request a default divorce.
Your spouse has between 21 and 28 days to file an official response or answer with the court. It doesn’t need to answer everything, but it should address every point made in the initial complaint.
Any additional allegations, such as compensation or child custody, must be answered and served on the other spouse.
Divorcing spouses must complete and exchange financial disclosure forms. Most states require spouses to share the following financial information:
- bank accounts
- mortgage and property records
- investment statements
- accounting books
- bills, and
- vehicle loan info
Financial disclosures are meant to ensure that both spouses are fully aware of each other’s financial situation before entering into settlement negotiations or before the judge grants the divorce.
Financial disclosures are vital in determining compensation, child support, and property division
Financial disclosures can be a hassle, but they’re required. If you don’t provide them, the judge may order you to pay fines or your spouse’s attorney fees.
Hearings and Orders:
The divorce takes time. Even if you request a simplified or uncontested divorce, most states require a certain amount of time to complete the case.
Some spouses may suffer financially while a contested divorce is pending, especially if one spouse was the primary earner. While the divorce is pending, spouses may need assistance determining child custody and parenting time (visitation), further delaying the process.
Couples in need of immediate assistance can file a motion with the court. If a couple can’t agree on custody or visitation, they can ask the court for a temporary order. Until the judge signs a new order at the end of the divorce process, both spouses must obey the court’s orders.
During a divorce, many couples ask for temporary child support and/or compensation. Some spouses ask the court for a temporary order directing each spouse to pay certain marital expenses until the divorce is finalised, says Advocate Viraj Patil who is a premier advocate in Navi Mumbai.
What About an Agreement?
According to Viraj Patil who is a top advocate in Navi Mumbai, During a contested divorce, the spouses can work together to resolve their differences and finalise a divorce settlement. Conciliation is encouraged by courts. A judge will usually approve a divorce settlement agreement if it is fair and meets the children’s best interests.
Even if you present a court agreement, you may still need to appear before a judge. Judges require a court hearing to ensure that neither spouse tricked the other into signing the final agreement.
The Final Word:
Upon completion of your case, the judge will issue a final divorce judgement, also known as a divorce decree. The final orders must be obeyed by both spouses. If you need to change one of the terms (like custody), you’ll need to follow your state’s court order modification rules.
The verdict will include:
- visitation and custody
- medical insurance
- property and debt division, including retirement planning
- child benefit, and
- whatever the judge thinks is vital.
Keep a copy of your final divorce decree or give it to your lawyer. To change your name on your driver’s licence, Social Security card, or other official documents, you’ll need your divorce decree. You may also need to provide a copy if you plan to remarry.
To get a new copy of your divorce judgement, contact the court that issued it or your local vital records department, According to Viraj Patil who is a leading advocate in Navi Mumbai.
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