Categories » Divorce

Generally, as divorce proceedings vary according to state law, there is a basic framework that outlines the process for both parties involved. First, one spouse serves the other with what is commonly referred to as a petition, or a written document stating the creator's intent to divorce. Although a strict format isn't required, petition's need to include relevant information such as the names of the husband and wife, any children, and how assets are divided. After the other spouse, known as the respondent in legal terms, is delivered the petition, it travels to the state court.

Next, the often-painstaking process of dividing up assets, which consumes much of the rest of the process, is initiated. The staple issues inherent in almost every divorce are child custody, debt transfer and asset redistribution. Especially in contested divorces, this process can involve numerous hearings.

Finally, an optional marital settlement agreement behooves most divorcees with its official, concise declaration of the exact terms of the divorce and the relationship between the former spouses. This document shows the court all considerations that were taken in resolving issues and what the final agreement entails, expediting the process for all parties.

Despite its reputation as a "messy" proceeding, divorce is only as complicated as both parties make it. In the event of a contested divorce, in which one spouse refuses to sign the petition or will not agree to the terms, divorce attorneys are usually hired to defend each spouse and argue their entitlements in various ways. They navigate and translate the legal minutia of the system, offer negotiations between both spouses, and ensure that all documents are comprehensive enough to hold in court. During an often trying period, divorce lawyers are also trained to be sensitive to the various emotional reactions and processes that their clients may endure.

An example of a divorce ruling that affected the way that divorce law is structured today is the See v See decision of 1966. The Supreme Court decided that any property purchased while still married is "community" or shared property, subject to redistribution in accordance with the court's ruling. The concept of community property remains a powerful determinant in the outcome of every divorce case that happens to this day.