A divorce is a legal separation that takes place when one of the spouses can no longer sustain the relationship or can no longer get along with the other spouse. Once the decision has been made to end the marriage, then the process of divorce proceedings must commence. The divorce lawyer will draw up the divorce petition. If a no-fault divorce is granted, then the divorce petition will be prepared by the spouse filing for divorce and must be signed by both parties to submit to the judge for approval. On the other hand, if a contested divorce is granted then the divorce petition will be prepared by the spouse seeking the divorce and must be signed by at least one of the spouses, if applicable.
According to one of the family attorneys in Fort Myers, the procedure of filing a divorce petition is not just about turning in the necessary documents. In fact, it is usually a lengthy, costly and emotionally draining experience for one spouse to go through alone. There are many steps involved in the divorce process, and a wise person considering ending their marriage would be well advised to consider the advice and guidelines offered here.
First off, it is important that the spouses decide on a divorce method (divorce decree, divorce mediation, or a simple divorce) early on. The sooner the two parties establish a plan for divorce, the less likely it is that a problem will arise later on down the road. This is because the divorce decree is the official end of the marriage and any later attempts at reconciliation will not change that. Therefore, it is very important to establish an early plan for divorce.
Next, once the divorce case has been filed, one spouse must select a divorce attorney. Selecting a divorce attorney is not something to be taken lightly. It is very important that you hire a very experienced divorce attorney with a good track record. You need someone who will protect your interests and not necessarily just agree with your wishes on the day of the divorce case. An experienced attorney will take care of the legalities of the dissolution while you focus on how to best deal with the emotional and psychological aspects of the divorce.
Once the divorce petition has been filed in the courts, it is now time to set up a meeting with your spouse. A very common scenario is that one spouse moves out of state, often to an Alaska closer to family, while the other spouse continues to live in the state they were married in. In such cases, it can be extremely difficult to reconcile your marriage after the move. It may even be necessary for one spouse to move out of the state altogether if the divorce was granted in a state other than where they were married. In such cases, the spouses are encouraged to meet somewhere before they begin filing papers.
It is always a good idea for a husband and wife to meet with their respective lawyers before they file a divorce case together. Having this initial consultation can allow a lawyer to properly prepare the petition and to answer any questions the lawyers may have regarding child support, alimony, child custody, and so forth. If the spouse filing for legal separation does not meet with his or her lawyer, both sides should try to find an attorney who will represent their respective positions.
After the petition is filed, the divorce itself can take several months to reach the final stage. In the meantime, while the court process is proceeding, alimony payments, child custody arrangements, and all related proceedings will continue. When the legal separation ends and the parties eventually resume marriage, both spouses must begin paying alimony.
Divorces are very complex. If you think you may need an attorney, you should contact one as soon as possible. The sooner a lawyer is hired, the better off the couple will be. You can do this by getting in touch with your local divorce lawyer and explaining your needs. If no attorney is immediately available, ask friends or family for suggestions. Most people will be happy to help.