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Legal and practical advice Lucille P. Uttermohlen P. O. Box 278 Monticello, IN 47960 (574) 583-6661 |
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The process of divorce isn't that hard. It consists of initiation, the "provisional" or "intirim" period, and the final hearing and divorce decree. Here, the procedure is explained. For more information get your free sample chapter of -- One of the biggest areas of dispute in divorce is how to divide assets (property) and liabilities (debts). Here, we consider the different kinds of property, and the things you should think about when negotiating settlement. Practicing law isn't all fun and games. In fact, it can be a first class pain in the neck. If it wasn't for the humor in it, I'd quit and become a belly dancer. I'll tell you why, and keep you supplied with stories and information about family law. I'll also do you all a big favor and stick to practicing law. |
The Divorce ProcessThe process of getting divorced is simple. Every state in the United States recognizes that two good people can find that their marriage is no longer working. This “no fault” divorce has made it unnecessary to prove that one of the parties has done something wrong, like commit adultery or abandon the marriage.The result of the “no fault” divorce is that you do not need much cooperation from your spouse to end your marriage. All you have to do now is make sure he receives notice of your intentions to end it. Of course, the judge can still be called on to settle child custody issues, as well as divide your debts and property. However, ending the marriage itself is not legally complicated. Divorce consists of three stages. They include the initial stage where you ask the court to dissolve your marriage. Next, there is a waiting period to give you and your spouse time to make up if you are going to, or to negotiate settlement with each other after your tempers have had a chance to cool. Finally, the court can declare your marriage over, and a final division of your obligations and assets can be made. On This PageShould You Do Your Own Divorce? Nowadays, there are so many ways to handle your own divorce; it might be tempting to brave your local courthouse without an attorney. You can, but you should consider some things before you do. Stay Together To Plan Your Separation? If there is no abuse, you and your spouse may do yourselves a big favor if you can put up with each other for a little longer. It is natural to want to start your new life as soon as you can. After all, the memories of your old one seem unpleasant to you now, and the thought of being away from them would be a big relief. However, your financial obligations will be harder to meet if you have two households to support. Saying Good-bye with Grace and Kindness Your marriage may need to end, but it can do so without cruelty. Remember, you did promise to cherish this person until death. You may want a divorce, but you can get one without being mean. Here are some tips to make things easier on your spouse: The Divorce Petition When you file a petition or complaint in your courthouse, you are asking the judge to take certain actions. These can include asking the court to allow you to submit Grandpa's will for probate, requesting that your neighbor pay you for causing damage to your property, or dissolving your relationship with your husband or wife. The Summons When you file your divorce petition, you are telling the court what you want, and why you should get it. However, you also need a way to satisfy the court that your spouse has received notice that you want a divorce. The document that does this is called a "summons". The Provisional Or Interim Period So, he walked out. She moved back in with Mom and took the kids. What can you do to protect yourself? You can file a divorce petition, which will tell the court you want to get single. It also starts the "cooling off" period, so you can get your divorce when the time is up. Discovery Discovery is the term for the methods lawyers use to find out what the other side expects to prove at trial. A person who is asked for information through the discovery process must provide it unless there is a good reason not to do it. If you do not have the information, or the questions asked do not have anything to do with the case, the judge may excuse you from complete cooperation. However, you should never ignore a discovery request. The judge is the only one who can change its terms. The Final Hearing Once your state’s waiting or “cooling off” period has passed, you can get a divorce. You do this by asking the court to set what is called a “final hearing”. Appeals If you do not like the court’s order, you can appeal it to a higher court. To start this process, you would file documents with the trial court so that its record can be prepared for the appeals court. You will also have to arrange with the court reporter to prepare a “transcript” of the hearing. This is a word for word typewritten account of what happened at trial. Modifying The Decree Once the appeals process has run its course, or the time to appeal has passed, the divorce decree is final, and is set in stone in matters of property or debts between the parties. The court can modify it’s orders on these issues, only if one of the parties committed fraud that the other party couldn’t have discovered before the final hearing of the case. |
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Your Pocket Divorce GuideIf you and your spouse don't have children, property or debts, or you are in agreement about the issues you do have, you may choose to get divorced without a lawyer's assistance.Even if you do end up hiring counsel, you should understand the procedure of divorce so that you can participate fully in the management of your case. Your Pocket Divorce Guide will show you what you need to know to understand the divorce process. Go here to learn more and to claim your Free Sample Chapter
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