ASKING FOR DIVORCE
By BreakUpAdviceOnline.com Staff
Divorce is the ending of a marriage before the death of either spouse. It can be contrasted with an annulment which is a declaration that a marriage is void although there are certain effects of the marriage that one may still recognize such as spousal support, child custody and distribution of property.
Asking for divorce will take some necessary precautions before going through with it. Divorce is such a serious issue that it is important to consider all possible means of resolving issues short of going through with the divorce. It will usually start with open communication between the couple.
They should be able to talk and try to work things out if possible because going through a divorce may be such a difficult time in one’s life that it might not be very easy to recover once the couple has taken that first step. Maybe the reason to a couple’s problems stem out from lack of open communication. Simple solutions such as opening communication lines might just help save a marriage.
But if both parties have agreed and are definitely sure that there are no more solutions available for their problems except divorce, then they should proceed on taking the next necessary steps. Asking the court for divorce would require a lot of preparation and time. The steps to be taken would also depend on the particular situation of the parties asking for divorce.
If it is a divorce where the parties have been married for only a relatively short period of time and have no children yet as well as have little property or debts involved, then there are some steps that do not need to be taken. But if it is a divorce where the parties have been married for a long period of time involving minor children and significant property or debt division is required, then the process might take longer. The divorce process would also be a lot simpler in situations where both parties agree to go through the divorce. If there are many disagreements, it would be a very long process with one party doing whatever they can to prolong the divorce process.
The very first step to take when asking for divorce is filing a divorce petition. The petition will usually state the grounds for the divorce. The grounds for divorce may vary depending on the jurisdiction for where the petition has been filed. All states allow for some type of no-fault grounds for divorce such as irreconcilable differences, but only a few states today will still consider fault grounds for divorce such as adultery or abandonment.
The next step to be taken would be requesting the court for temporary orders of support or custody in cases where the other party may still need the financial support of the other party. This is especially applicable to stay at home moms who might still need financial support from her husband to pay her own bill while the divorce process is on the way. The same goes for asking temporary child support for her kids.
The next step would be filing the proof of service of process which is a document that proves that the other party and given the necessary divorce papers and has been properly informed. The next step would be the filing of response from the other party which will then be followed by the negotiation process if everything is met without opposition. The settlement of properties and child custody agreement fall as part of the negotiation process.
Any issues not resolved during the negotiation process should be resolved at the trial where the unresolved issues will be argued upon before the judge, who will then try to come up with the rightful decision. The final step of the divorce process would be the order of dissolution which ends the marriage contract and spells out the issues agreed upon by both parties.
Divorce takes a lot of time and usually would be a stressful time for both parties, even if they have mutually agreed to go through the whole process. As much as possible, both parties should resolve the issues among themselves before taking any steps to will lead them towards divorce. Divorce should only come as the very last resort and should not be made as a solution for other problems that can still be resolved otherwise.
| 
