Family Law Information, Attorneys, Resources and News

Although a very common occurrence in today’s world, the legal act of ending a marriage is still an extremely challenging and difficult experience. Even for those who are ready to part, divorce touches people deeply and emotionally, as it means the end of a once loving relationship. And although taking the steps to terminate a marriage can be crushing, divorce is an important option that frees us from a difficult and sometimes hopeless condition. If you are considering divorce, before taking any steps, browse through our divorce site to learn more about the divorce process for contested divorce and uncontested divorce.

Dissolving a Marriage Through Divorce

Like any challenging situation, some divorces are tough and complicated to get through while others are resolved quickly. A great deal depends on the attitude of the marriage partners and whether children are involved, custody is an issue and if there are a number of debts and assets to be divided. A divorce attorney can lead you through the process easily and quickly. If each partner is cooperative, things can generally move along at a rapid pace. If on the other hand, one or the other partner is unreceptive to the divorce, or one is greedy in nature, it may be more difficult to dissolve the marriage. There is no need to leave anything to chance. Simply speak with a qualified divorce attorney and find out what you need to know about dissolving a marriage.

Is Your Marriage Really Over?

For some even just thinking about divorce can be an emotionally draining and physically exhausting challenge, which is why sometimes it takes years to finally make the break. If you think your marriage is over, speaking with a matrimonial attorney will help you decide whether the marriage is really over. There are in fact instances when a marriage can be saved and a mediator can help the situation, but often once a divorce is considered, the marriage has eroded to the point where there is no turning back. At times, the changes in a marriage appear to occur suddenly when the behavior of one spouse influences the decision to divorce. Other times the decision to divorce is mutual and has been coming for a long time, yet each has been afraid to take the necessary steps towards finality. Nevertheless, because of the huge disruption a divorce creates, even when both parties agree to the divorce, it is a very challenging experience, which is why it is so important to have a competent divorce lawyer in your corner.

Before Taking Steps in the Divorce Process

Once you begin to realize that your marriage is over, and you are certain that there is absolutely no chance of restoring the marriage, it is time to start the divorce process. However, before taking any steps you should be prepared by knowing your rights and the criterion for the state in which you live. In fact, each of the 50 states has its own divorce laws and regulations, which means the state and county in which you reside has different requirements and must be followed before you can file for divorce. There is also a minimum period of residence in each state that must be considered before a court can hear a divorce case, which usually falls between 6 to 12 months. Find out about your area by contacting us today.

Choosing Your Divorce Attorney

Because of the emotional difficulty one faces when getting a divorce, it’s important to talk with a matrimonial lawyer, one that understands your needs and can provide the type of understanding that is vital to such a delicate situation. Whether you are the one filing for divorce, or if you’ve been served with papers, it’s imperative that you consult with a family law attorney so that you know where you stand and what options are available to you. A family law lawyer can help alleviate some of the stress and explain all the divorce specifics that can keep you from making mistakes in judgment. Those mistakes could affect child custody, child support, and child visitation, and effect your finances with issues such as alimony (spousal support), division of property and the overall responsibility of accumulated debts.

Filing for Divorce

According to a rough estimate, approximately 50% of marriages culminate in divorce. Moreover, although the statistics are so high, divorce is a stressful process for everyone involved. Consequently, if you are ready to file for divorce, or need to learn about any of the alternatives to divorce, a divorce lawyer will help you through the difficult and highly stressful times. And because of the many factors and technicalities involved in the divorce process, a divorce attorney can help you sort out the details relative to your circumstances. To learn more about filing for divorce, please submit your cas and allow one of our experienced family law attorneys assess your situation.

The Divorce Process

When filing for divorce your family law lawyer is your advocate and will help you understand the legal terminology making sure you have a fair settlement. In addition to being your support person, a matrimonial lawyer will explain all the details and specifics, which will include jurisdiction, and the decisions that could influence your case. Rather than being in the dark about your own personal situation, contact us today and have the information available to you right from the start so that you can keep from making irreversible decisions that could negatively affect custody and visitation rights as well as responsibility for division of debts and assets.

Filing Papers for Divorce

The legal process involved for a divorce filing begins when a divorce attorney prepares a divorce petition, and then files the petition with the clerk of the court. Divorce cases are filed and heard in the state’s district or family court and each petition for divorce must be prepared according to specific legal requirements. That means the petition must include precise allegations and claims concerning the parties involved, as well as the residence of each party, and the number of children involved. If you are the one filing the petition, you are recognized as the “Petitioner.” The spouse being served is the “Respondent.” If on the other hand you and your spouse file for divorce together, then you are “Co-petitioners.” Once your divorce attorney prepares the papers, the divorce petition is served on the Respondent. In some states, it may be necessary to have a Sheriff serve the divorce petition, while at other times a process server is hired to serve the papers. There are also situations when it is acceptable to have the papers served via certified mail. Should a Respondent not be easily accessible, special options are available to make sure the process is completed.

After the Divorce Papers are Filed

Once a petition has been served to the Respondent, the spouse who has been served has to respond within an allotted period in answer to the petition. At this point, the respondent is given the opportunity to deny or even disagree with any claims made in the petition. Responses are generally limited to either admission or denial of allegations. The Respondent may also file a cross-petition, making their own allegations known. What follows next depends upon the complexity of the divorce or whether each party sees eye to eye on the terms. Often, couples with young children, debts, assets and property proceed with a contested divorce primarily because they can’t come to agreeable terms. If on the other hand, the couple is in agreement on most issues, the proceedings will continue uncontested. To learn where you stand, we’re only a phone call away.

Divorce Papers

Divorce is a trying and challenging situation for all parties concerned, so in order to keep as much stress at bay as possible, it’s always a good idea to retain the services of a divorce attorney as he or she can handle any the details of the divorce. When initiating a divorce, the first step is when your divorce lawyer has filed divorce papers. During this process, one of the first requirements for filing divorce papers is meeting residency requirements. In most states, either the respondent or the petitioner must meet the residency requirements of the state in which they reside. The reason for the residency requirement is so that the state in which the parties live has jurisdiction over the divorce. Since each state has different laws, the time required for state residency varies from state to state. To be sure your divorce papers can be served effectively, your lawyer will check to make sure the requirements in the state in which you live are met.

What Divorce Papers Include

Once the divorce papers are completed, they are filed in the courthouse of the county that has jurisdiction over the divorce case. Before filing divorce papers, it’s important to have all of your personal and business documents close at hand. Since the divorce papers are going to include a lot of personal and business information, you need to have the information available. For example, if you and your spouse have joint possessions, including a house, you’ll need to show the deed or the mortgage. If you have joint debt, that too requires careful records. Plus, divorce papers include provisions for child support, child custody, visitation schedules, property division and debt settlement, restrictions if any such as moving out of the area as well as which parent can claim the children as tax dependents. The importance of these papers cannot be overstated as they are designed to protect your future by making sure the divorce papers are drawn up perfectly. Since the legalities are so precise, it is always best to have the services of a family law lawyer in your corner.

Why It’s Best to Have a Divorce Attorney When Filing Divorce Papers

When there are no children involved and very little debt or assets, the divorce process is going to be much easier. Some people choose to file their own divorce papers thinking it will be a simple process, but in truth, most people have issues that must be handled by a legal expert. Besides, a divorce attorney does more than file papers. The divorce lawyer consults with you, answers questions, helps explain the process and is there for you through the entire divorce process. When you see an attorney about drawing up divorce papers, he or she will want to have your marriage license, birth certificates, property deeds and titles, tax records, bank account information, loan accounts and insurance papers. And if you and your spouse have agreed to terms, be sure it’s all put in writing in the divorce decree.

After Your Divorce Lawyer Draws Up Divorce Papers

After the divorce lawyer draws up the papers, it’s best if you read them over carefully. Since the divorce papers are legal documents, if anything about the divorce papers doesn’t feel right, or if you’re not sure what something means within the divorce papers, make sure to discuss it with your family law attorney before you sign. Never take the attitude that you just want to get things over with and put your signature to something. Remember, once your divorce papers are signed, you lawyer will be presenting them to a judge for signing and filing the papers in a courthouse. It’s far more difficult to get things changed once that’s been done.

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It is the goal and responsibility of the attorneys and staff at the Law Office of Arthur G. Augustine to offer you the finest in legal representation, and to assist through the challenges of transition. If you would like to meet with me, please call me to schedule a consultation - (210) 299-4777 or Click Here

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