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Divorce Proceedings – How a Divorce Works
Contemplating on filing for divorce? Get a glimpse of how the system works
and find out how you can proceed with your divorce plans.
Divorce proceedings commence with the filing of a Petition for Divorce, which
should stay with the court for, at least, 60 days before the case can proceed.
The Petition for Divorce is sometimes called by different names, such as Libel
for Divorce (in New Hampshire).
If every matter in the Petition for Divorce meets with the approval of both
spouses, they can sign the waiver and the divorce can be final after the 60-day
period. However, if any matter is disputed, proceedings can last longer.
The Superior Court will issue a notice that requires the spouse who filed the
divorce petition to serve the opposing spouse with the same document. If the
opposing spouse refuses to reply and the complainant files no further action,
the divorce petition will simply stay on file at the Superior Court for two
years. If no answer or motion is made within that time, the petition will be
dismissed.
Divorce Proceedings after the Initial Filing
Divorce proceedings, however, hardly ever stay dormant. What usually happens is
that both spouses start exchanging documents and financial data. Where a spouse
is less than forthcoming about all the information required, discovery
proceedings take place. Discovery basically forces a spouse to provide whatever
paperwork and data is required for proceedings to continue.
Some states require couples going through divorce to attend seminars, especially
for those that have children. These mandatory programs focus on helping families
cope with divorce and usually cost less than $100. When the family cannot pay
the fee, the judge may lower or have it completely waived.
When the spouses have all the information they need, a final settlement is
discussed. The couple can discuss this among themselves or a settlement may be
reached through mediation with the couple and lawyers for both sides present, as
well as a neutral person.
The final resolution is then brought for approval before the Superior Court;
after which the spouse who filed the initial divorce petition should appear to
briefly testify to the facts in his or her first petition. The divorce becomes
final a few days after the last hearing.
Although states may restrict access to divorce records, children involved in the
divorce proceedings have the right to obtain copies of all its records.
Do you want to find your parents' divorce records? Check out
RecordsSiteReviews'
divorce proceedings section for a list of the most
reputable divorce record providers today. |
