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Navigating Through The Murky Divorce Waters

Law Blog

Deciding to end a marriage is never easy, even when the circumstances really leave you no choice. Not only do you have to deal with the emotional pain of ending a relationship, but you also have to focus on the the logistics of dividing up assets and determining custody if children are involved. Even the smoothest divorce can be tricky, as navigating the legal requirements can be difficult without the assistance of an attorney. However, there are some general steps that every divorcing couple will have to go through.

Legal Separation

There are some states that will require a couple first become legally separated for a specific amount of time before they can become divorced. This process can be as short as a few months to as long as a year. Couples will have to petition the court for a legal separation in order for the clock to start.

However, not every state requires that couples do this. States that do not have this requirement can have a temporary separation agreement put in place by filing a petition for divorce.

Divorce Process

The divorce process is going to be the most lengthy part of untangling a marriage. After a legal separation, couples will then have to file a petition for divorce. This is the point where requests for orders of protection, alimony and child support will be requested. A judge can put temporary orders in place while the divorce is going through the court process. If either party violates a temporary divorce order, they can be held in contempt of court, which could result in a fine or even jail time.

Discovery Process

The discovery process in a divorce case can be very interesting. This is the period of time in which both parties are gathering information regarding what lead to the divorce, and what the other party wants out of the agreement. Depositions can be taken, private attorneys can be hired, and witnesses can be questioned. This is often the part of the process where things turn "nasty".

Divorce Negotiations

There are some couples that can work out their divorce terms without the lengthy court process. This is referred to as mediation. They may put everything in writing for their attorneys beforehand, or simply allow the attorneys to hash out the details. Terms that are a result of negotiations will still have to go in front of a judge before they become legally binding.

If you are having difficulty understanding the divorce process, or are preparing for a long court battle, contact a local divorce attorney, like Harold Jarnicki Attorney At Law, as soon as possible. Doing so can help ensure that your rights are protected and that you get the best outcome for your case.

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9 December 2014