The Procedure for How to do Divorce

The Procedure for How to do Divorce

The divorce is a complex and long dr awn process. One should always hire an attorney so that all the steps are e xecuted without any sort of error.

A divorce starts with a petition. The petition is written by one of the sp ouses called the petitioner and served on the other spouse. Then the pet ition is filed in one of the state courts in the country where either of the spouses resides. The place of occurrence of marriage does not matter. T he petition includes the important information regarding the marriage.

It names the husband, wife and children if any. Also it houses the detai ls about the separation of property, child custody etc. Now one might no t know how to do a divorce, so these are the steps concerning how to do a divorce:SERVING THE PETITION The petition must be served on the other spouse. This stage of the proc edure is called "service of process." If both the spouses agree, the other spouse just needs to sign an acknowledgement of the receipt of the serv ice. However, if the other spouse refuses to sign or is difficult to locate, one can hire a professional process server to deal with the case.

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Completing the "service of process" initiat es the clock running on the state's waiting period. Also it sets restraining orders on th e spouses and help to establish the date of separation. During this waiting period nei ther of the spouses are permitted to take a ny of their children out of state, sell any property, borrow against prop erty, or borrow or sell insurance held for the other spouse.

PETITION RESPONSE The other spouse is known as the "respondent." Though not necessary, but still the respondent can file a response to the petition saying he or s he agrees. Filing a response indicates that both the parties concord to t he divorce. This reduces the chances of a court hearing, which could del ay the process and cost more. In case, if a response is not filed within 3 0 days, the petitioner can request the court to enter a default. The resp ondent can also use the response to disagree with information presented by the petitioner.

FINAL STEPS Both the spouses need to disclose the information regarding their assets , liabilities, income etc. If the divorcement is uncontested and the spous es can agree on all the terms of the divorcement, there is only a little pa perwork to file. Once the court enters the judgment, the separation is fi nal. If there are disputes that cannot be resolved, court hearings and ev en a trial may come into play.