Divorce Helper

Divorce is a complex procedure that calls for good timing and exact documentation. At one of the hardest times in your life getting everything coordinated just right is difficult enough, but sometimes it’s not the overwhelming detail of the divorce process that causes people to feel despondent, it’s simply not knowing where to start.

Naturally every situation in which divorce becomes a possibility is completely different. Being in a unique situation does not mean that a few tips pointing you in the right direction cannot help, however, so read on.

Initial Steps

The process order depends on the law of the jurisdiction in which you reside, but most places follow this rough order:

The Petition (Or Complaint)

The Petition (sometimes called a Complaint) is a document that formally notifies both the spouse and the courts. This is the first step in making the divorce request an official one.

The Petition will likely not go into much detail about the reasons, terms and conditions of the divorce; it should give a very basic overview of what the spouse expects to be left with after the separation. Basic terms regarding child custody, support and visitation rights, as well as support payments and asset separation will likely be set out here. Most likely the requests will be higher than that the spouse actually expects to get, but starting higher leaves space for some bargaining later.

This first step is most likely going to require a lawyer or divorce attorney. They will no the exact form required, and will be able to advise on the terms that you include in the Petition.

Opposing Papers: The Response

The spouse on the receiving end of the Petition then has the chance to put forward his or her side of the case. It is important that this document is filed, since without it the spouse may lose their right to have their side of the case heard in the court. Again, this will likely be done with the help of an attorney; if you haven’t engaged the services of an attorney yet then now is probably the time.

Temporary Order

Temporary Orders are short-term rules that the parties must adhere to. They are issued so that both parties can live with some semblance of quality of life while the rest of the divorce proceedings are resolved.

Document Discovery

Discovery is the process by which both parties collect and present to the other the evidence that supports their case. In many simple cases this is a matter of just collecting together house valuations and bank statements. In others it can be much more complex and time-consuming. One side may decide that being awkward is the best policy in this case, and dealing with such a person may mean a long and drawn-out discovery process.

Dispute Resolution

Once all the documents have been collected, and both parties have had a chance to assess them, the dispute resolution will start. Depending on the complexity of the case, and on how close parties are to an agreement, the dispute resolution may take the form of Alternative Dispute Resolution or it might go straight to trial. Divorces settled by trial are usually expensive, difficult, and incredibly emotional. Most people will try to avoid this stage. Your attorney may be able to offer some good advice as to what route to take.

Conclusion

Divorcing someone – or being divorced – is never going to be easy, whatever way you look at it. Having a better idea of the steps involved might just serve to give you a broad perspective on what is likely to be happening to you at any one time.