What You Should Know When Filing For A Divorce

  • By Lloyd
  • February 15, 2015
  • Comments Off on What You Should Know When Filing For A Divorce

When you make the decision to file for a divorce, you should become aware of the laws that apply to these proceedings. Before you can file a petition, you must fulfill the residency requirements. In most cases, you should have been a resident of the state in which you file for at least six months. Some jurisdictions also require that you and your spouse to live apart for at least six months to one year. If you need assistance with Divorce law concepts, you should contact an attorney promptly.

Filing for a Divorce

divorce lawyer papersIt is not always possible to obtain a simplified divorce. This type of divorce implies that you and your spouse are petitioning the court jointly to acquire a final judgment. It further implies that you both agree to the terms of the divorce and do not wish to contest any terms outlined within the agreement.

An uncontested divorce implies that your spouse does not wish to contest or prevent the final judgment. Once your spouse receives the divorce documents, he or she has thirty days to contest it or sign the papers in agreement. If he or she fails to respond to the petition within the allotted amount of time, your Family lawyer can file a motion for a default judgment. When this is the case, you attend a hearing with the judge and explain why you wish to acquire a divorce.

Source: Houston Texas personal injury lawyer

Contested divorces are those in which either spouse doesn’t agree to the terms of the divorce or wishes to fight against a final judgment. In these cases, it is possible for your spouse to make attempts to go to marriage counseling and try to repair the marriage. Your attorney can take measures to protect your interests, if you wish to move forward with the divorce and avoid counseling.

Divorce law covers all concepts that apply to these proceedings. This includes property division, child custody, and possible spousal support. An attorney can help you make determinations about these concepts that are amicable and fair for both parties whenever possible. However, what you should realize when you start this process is that if a trial is necessary, it could take up to two years to receive a final judgment.

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Categories: Divorce

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