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Things to Consider When Filing For Divorce by Cleo Gib
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Things to Consider When Filing For Divorce |
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Law
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If you are considering filing for divorce, it is important to protect assets and ensure that a fair settlement is reached. Because filing for divorce is such a stressful process, hiring an attorney is almost a necessity. A competent attorney can both take care of the behind the scenes paperwork and ensure that you are zealously advocated for in court room situations. Once you have decided to file for divorce, calling a divorce attorney in Bloomington is the best decision you can make as you seek guidance through the process. Deciding to File for Divorce If you are unsure if divorce is the right move for you, there are many avenues for you and your family that can assist with making that decision. Many individuals seek help from counseling or therapy sessions prior to making the decision. Others spend time doing personal inventory and reflection. These steps can help you determine whether this is the best move for you. If you have made the decision to file for divorce, it is time to call an attorney. An attorney experienced in this area of law can ensure that you are protected during the process. Unfortunately, many people who try to file divorce without representation from a lawyer end up losing assets, visitation rights with children, or important insights into the process. Having an attorney there with you is vital. An experienced professional can take on many roles during the process. Many attorneys who specialize in family law situations act to ensure you have made the right decision, and they help you through every step of the process once the decision is made. Process to Initiate a Non-Contested Divorce Petition The steps necessary to file a petition vary somewhat depending on where you live, but in most jurisdictions divorce proceedings are divided into contested and non-contested matters. If you and your partner are in agreement about the terms of the separation, you can file a non-contested petition with the local court. A judge will review the documents, and then after a certain period of time (typically 90 days) you will be ordered to a hearing where a judge will finalize the divorce. In most situations you are required to do some sort of counseling class prior to finalizing the divorce, and in many cases the judge will require you to discuss the settlement terms with a licensed mediation expert. Once this waiting period is completed, the divorce decree can be entered. The decree will specify the rights of each party after the divorce. Whether the decree is simple or complex varies depending on the couple's assets and whether or not they have children. Process to Initiate A Contested Divorce If you and your partner disagree about whether the marriage should end or if you agree that about the divorce, but disagree about the property and custody settlement terms, then you need to file a contested hearing. It is almost always in your best interest to seek competent representation from a divorce attorney in Bloomington if you are facing a contested divorce. Many divorce petitions are contested. To start the process you file a petition with the local court, and then a document demonstrating that an official couple has been provided to your partner by a third party (typically a process server or sheriff). Once the documents have been served, the other party has a certain amount of time to respond (sometimes as long as 90 days). If they do not respond, the decree may be entered by the judge. If they do respond, your attorney will assist you with the various hearings as the final terms are negotiated.
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