THE PROCESS OF DIVORCE

Divorce means the dissolution or termination of the marriage. Divorce laws differ significantly all around the world but in most countries it requires a sanction of the court or any other authority in the legal process to finalise the divorce proceedings. Only two countries in the world do not allow for divorce and this is the Philippines and the Vatican City. Although divorce vary between countries there are two basic approaches to divorce and they are fault based and no-fault based methods. The effects of divorce are that it gives both parties freedom to marry again. There are various types of divorce methods and they include contested divorce, uncontested divorce to name but a few.

 

Divorce is as a result of some reasons and these are adultery, domestic violence, midlife crisis to name a few. The social scientist also reveals that divorce maybe as a consequence of some underlying factors likely to motivate divorce and this factors may be as a result of age that one gets married to name a few. Divorce also has effects more so to the children when the divorcing couple has children. Some of the effects include academic, behavioural, and psychological problems to name but a few.

 

The divorce process

 

A divorce starts when one of the spouses serves a divorce petition to the other spouse and files the divorce petition in a state court. The petition filed contains valuable information such as the names of the husband, wife and children if any. It also states on whether there is any separate property, child custody among others.

 

 

  1. Serving the divorce petition – this involves serving the request to the other party. If both agree to the divorce, the other party only needs to sign the petition papers. However, where the other party refuses to sign your free to hire a lawyer to deliver the papers personally. Once the petition is done it automatically sets out restraining orders on the spouses among other things.

 

  1. Divorce petition response – The respondent can file a petition response saying that they agree to the divorce. Submitting a request shows that both parties agree to the divorce and thus, the case can proceed without court hearings.

 

  1. Final divorce steps – at this stage both spouses should disclose information regarding their assets, liabilities among others. Where the divorce is uncontested and parties agree to the terms of the divorce, there is only a small number of paperwork left to file. Once the case is in the judgement stage, it means that the divorce is final.Where there are disputes over the divorce, then it means that there will be a lot of court hearings and a times trials may be required.

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